A Study On The Legal System Of Merger And Acquisition On Asset By Foreign Companies In China

There's long-standing practice of foreign companies's M&A on asset in China, but as one of the ways of foreign companies's M&A in China,the M&A on asset has not been enough understanded in theory and effectively regulated in legislation.In this paper,on the basis of defining M&A on asset,the theoretical issues related is elaborated practically.With the study of domestic legislation and practice and the reference learned from U.S.A.,the recommendations of improvements on the legal system of M&A on asset by foreign companies in China will be given.This paper is divided into four chapters:Chapterâ… is the rationale for the legal system of M&A on asset by foreign companies in China.In this chapter,on the basis of foreign company and M&A on asset defining,compare the similarities and differences between M&A on asset and M&A on stock,as well as their respective advantages and disadvantages;Chapterâ…¡is about the current analysis on the legal system of M&A on asset by foreign companies in China,and point out the lack of legislation and practice;Chapterâ…¢is about the U.S.A.'s legislative patterns and its reference of foreign companies's M&A on asset.The so-called "Stones From Other Hills May Serve To Polish The Jade Of This One".First of all,inspect the U.S.A.'s legislative patterns of foreign companies's M&A on asset from the public law level and the private law level,then point out:there are a lot of legal conflicts of M&A on asset under the "M&A Rule" system,and "Anti-monopoly Law" is lack of the relevant provisions,although with the legal review system on M&A.Chapterâ…£is about the recommendations for the legal system of M&A on asset by foreign companies in China.Aiming at the characteristics of M&A on asset,point out:China shouldcarry out a full range of legal system of M&A on asset by foreign companies in China and the relevant supporting system.