Analysis To The Merger & Acquisition (M&A) Concerned With Foreign-capital Enterprise

Coming to 21 century, the Merger & Acquisition concerned with foreign-capital enterprise (MAFCE) becomes one of hotspots in Chinese economy. The MAFCE means a conduction that is involved with foreign-capital enterprises. The MAFCE will be more active in China. However, with the developing of MAFCE in China, the questions derive from MAFCE are even more salient. To settle these questions, we must strengthen the supervision. Firstly, in the macro-facet of economic coursing, it is serious of draining on state-owned asset at our nation. This article analyzes the modalities and essence reasons of state-owned asset draining that is based on elucidation to the relationship between MAFCE and state-owned asset draining. Furthermore, it brings forward the suggestions on legal supervision system about state-owned asset in MAFCE, the keystone is preventing state-owned asset from draining and infringing in MAFCE;Secondly, in the middle-facet of market competition among corporations, the excessive distention of MAFCE may result in monopoly among corporations and impede fair competition. This article links with the actuality in China and analyze the necessity for anti-monopoly. Through comparing the anti-monopoly rules between our country and other countries, the article points out the deficiency of monopoly supervision in China and brings forward the proposals for legal system,substantive law and procedural law;Thirdly, in the micro-facet of corporation running, MAFCE may be a tool for avoiding credit and violating minority shareholders. This article analyzes the value of individual advantage from the visual angle of Corporation Law and Security Law, therefore, consummates the stipulates in our nation. The focus is supervising the violation to individual advantage in MAFCE;Finally, the article makes a conclusion from above opinions: MAFCE is a complex social synthetic project, we should protect all the parties relate to MAFCE from macro,middle,micro facets and construct the unitize supervising system on MAFCE of China.