Legal Regulation Of Overseas M & A Of Chinese Private Enterprises

Represents the new force of China’s economy, private enterprises relying on the globalization process, the transformation of the mode of development, enhance corporate image, to provide new impetus for enterprise development, promote domestic transform and upgrade the industrial structure, abundant foreign investment management main body. Wanda as the leader in private enterprises, have a good performance in the domestic development, including commerce, real estate, culture direction, through acquisitions of the AMC cinema, to become Asia’s first line of the world’s second company. However, private enterprises overseas mergers and acquisitions are not plain sailing, encounter difficulties and risks is are unexpected,.There are many difficulties in practice of M&A. Due to the domestic policy, legal support fiscal and taxation policy don’t meet the demand of oversea investment, risk still exist in fact, in still cannot achieve basic legal circumstances,sound based on the practice, perfect the existing policies and regulations, guide private enterprises merger and acquisition activity, is the escort private enterprises overseas mergers and acquisitions, mergers and acquisitions to provide a favorable system environment, promote orderly competition enhance the vitality of the market.According to the current domestic law regulation in private enterprises overseas mergers and acquisitions overseas M&A, combing the current problems existing in the legal framework, put forward some legislative suggestions related for overseas investment.Based on private enterprise overseas M&A legal regulation as the core, through the analysis private enterprise overseas mergers and acquisitions of domestic law and international law law regulation and disadvantages, puts forward relevant views and legislation. The full text is divided into three parts, the first part of the Wanda group acquired AMC theaters case, analysis the risk in mergers and acquisitions. For mergers and acquisitions of private enterprises, such as concepts, clear the legal ownership of private enterprises, mergers and acquisitions of private enterprises present situation and the advantages disadvantages were analyzed, and points out that the private enterprises in overseas mergers and acquisitions and the differences of state-owned enterprises. The second part is divided into two sections, the first quarterto the current domestic law on private enterprises in overseas mergers and acquisitions on the latest laws and regulations, including the examination and approval, foreign exchange regulation and some comprehensive measures, for in the relevant international law about overseas investment treaty rules are analyzed also.The second section analyzes some problems in current law regulation, points out that the current unfavorable to mergers and acquisitions in overseas mergers and acquisitions of some institutional problems, from mergers and acquisitions subject,examination and approval, supervision and security of the state, and so on carries on the detailed elaboration. The third part of our country overseas M&A legislation and the relevant supporting policies and measures suggested, draw lessons from Japan and South Korea and the legislative experience of developed countries, according to the present problems in overseas mergers and acquisitions, in the legislative,administrative, fiscal and taxation, and put forward his own suggestion to overseas investment insurance, including improving the legislation system, formulate separate regulations on private enterprises overseas mergers and acquisitions, to form a unified committee on foreign investment, unified management enterprise overseas investment behavior. Relax foreign exchange controls, for private enterprises to provide more financing channels, improve the system of insurance, reduce the investment risk, and make some compensation, such as protecting the security of private enterprises,especially small and medium-sized enterprise property.