Legal Issues In The Cross-border Bank Mergers And Acquisitions

During the last decade, with the globalization of economy, more and more countries have been involved in the increasing rise of Cross-Border Bank. Mergers and Acquisitions. Compared with the successful operations of Gross-Border Bank M&A and relatively developed legal systems of foreign countries, China has only a few Bank M&A cases. Furthermore, China hasn't adopted any specific law to regulate the bank M&A. To fulfill its commitment to the WTO, China should reconstruct its bank industry and set forward some laws to regulate the Bank M&A.In this thesis, the author focuses on the regulatory framework of foreign countries and problems existing in the current Bank M&A, analyzes the transnational bank M&A abroad, reviews domestic justice practices, and finally brings forward some practicable legislative advice on Cross-border bank M&A.In the first section of the thesis, the author studies the concept, the present conditions and the necessity of the Cross-border bank M&A, and gives his own definition of the Cross-border bank M&A.The second section of the thesis concerns with the legal environment and legal principles of some foreign countries. On this basis, the author suggests that in the course of setting up its own legal system, China should apply the legal principles with its economy development, that's to say, the protective principle during the transitional period and national treatment after that.The third section of the thesis deals with relevant laws on Cross-border bank M&A in some developed countries, such as the Great Britain, the United states of America etc, in an attempt to get some inspirations for improving Cross-border bank M&A law in China.In the forth section of the thesis, the author analyzes the present conditions of bank M&A in China, and makes some conclusions by the comparison with bank M&A in other countries. In the meantime, the author puts forward the three-step development of Cross-border bank M&A in China.In the last section of the thesis, the author provides some ideas of his own about the issue that China makes use of laws in western countries to develop itsown laws on Cross-border bank M&A. First, the authorities concerned should adopt a law to regulate the Cross-border bank M&A according to the WTO system. Next, the legislative branch should engage itself in the improvement of some relevant laws, such as antitrust law, the law of evaluation on state-owned assets.