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Cross-border Mergers And Acquisitions Of Legislative Studies

Posted on:2004-06-13Degree:MasterType:Thesis
Country:ChinaCandidate:D F WuFull Text:PDF
GTID:2206360092485143Subject:Economic Law
Abstract/Summary:PDF Full Text Request
During the last 10 years of the past century, two glaring trends have emerged on the checkerboard of world economy. One is the economic globalization; the other is the mergers and acquisitions between transnational companies stretching from national to international, which then triggers off a global tide of corporations merger and acquisitions. After becoming one member of WTO , China has quickened its step to catch up with the process of globalization, which means China can't be a bystander in the tide of cross-border Merger & Acquisition. In the history of enterprises' merger and acquisition, five "Big Period" have occurred. The above-mentioned last ten year's tide is the fifth one, and also the most magnificent one. In this decennium, giant mergers and acquisitions cases surged upward without any intervals. It' s believed that its inertia impact would at least heavily lash the first 10-year of the 21 century and have a deep influence on the world as well as to China. Cross-border Merger & Acquisition is a world-wide hot topic in economic research nowadays. It quietly becomes popular in China with more and more participation of Chinese enterprises in this field. When are talking about this phenomena, two characteristics should be noticed: one is that cross-border mergers and acquisitions have both positive and negative influence on our country, which calls for the guidance, guarantee and regulation of a sound legal enviroment; On the other side, the study and discussion of our scholars concerning this phenomena mainly focus on the fields of economy and management, while little is referred to how to construct a fit legal system. So, much study is left in this field in China.Rooted in the principles of Marxism, this thesis mainly synthesizes the research methods of positivism analysis and comparative analysis, with standardized analysis as the supplementary. Standing on the basis ofthe historical development,contributing factor and characteristics of Cross-border Mergers & Acquisitions, the author here points out some major legal issues in this field: Foreign-investment Treatment, Monopoly-control and Conflictions of the Laws during the cross-border mergers & acquisitions.The research object is the innovatory point of this thesis. First, as one of international direct investments, cross-border mergers & acquisitions produce many sophisticated problems covering a wild-range legal fields. These problems would be sumed up in three major types in this paper and be studied from a view overlooking the whole situation. Second, when drawing a design to our national legislation frame in this field, the author here, standing at the positions of host country and native nation respectively, rather systematically sets forth amending or new suggestions to the concerned section laws, such as Law of Foreign Investment, Law of Anti-monopolization, Law of Corporation , Security Law and so on.There are four sections in this thesis. Their contents are as the following:The first section introduces the basic definition of mergers & acquisitions, cross-border mergers & acquisitions. Mergers & Acquisitions refers to the annexation and purchase between enterprises. When such cases occur among different countries, they are called cross-border mergers & acquisitions. Since the cases have many kinds of manifestations, this thesis holds this definition in a broad sense, so as to cover as many as possible forms for the convenience of the discussion. Following this, the author reviews the history of development during the past century, mainly about the five tides and their characteristics. With the up-to-date data, the author then analyzes the features and actual forms of the fifth tide, and makes prediction for the possible tendency of cross-border mergers & acquisitions. When speaking from the legalcharacteristics, cross-border mergers & acquisitions is in nature a trading act of property rights of corporations. The result of the trade won't only lead to a new entity in a legal meaning. In some cases, a...
Keywords/Search Tags:Cross-border mergers & acquisitions, Treatment to foreign investment, Monopoly-control, Confliction of Laws
PDF Full Text Request
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