Legal Consideration On Mergers And Acquisitions In China By Australian Investors

After years of economic booming in China,especially after China's entering into WTO,more multinational companies become actively in targeting Chinese domestic enterprises and making mergers and acquisitions transactions in China.In response to this foreign investment trend and climate,Chinese government has recently released Regulations on Mergers and Acquisitions("M＆A") of Domestic Enterprises by Foreign Investors and Anti-Monopoly Law.There have been many researches on the subject of M＆As by foreign investors in China,with most of the views taken from Chinese perspective.On the other hands,there appears no much research on the said subject from foreign investors' perspective.The purpose of this paper is to carry out the research on M＆A in China specially from Australian investors' perspective,to discuss key legal factors that Australian investors must know prior to entering into M＆As in China.To outline, this paper will focus on the following:Chapter 1 indicates the investment climate in China with the trend of foreign investments into China by M＆As of domestic enterprises,and introduces the applicable laws and regulations;Chapter 2 discusses the key legal factors for Australian investors to consider prior to M＆As in China,by analysing the basic features of M＆A of domestic enterprises by foreign investors; comparative study on approval and registration for M＆As in China and in Australia;and comparative study on merger control in China and in Australia;andChapter 3 provides the comments or suggestions so as to overcome the practical problems for the law implementations.