Foreign M & A The Nature Of The Enterprise To Change The Legal Issues Research

The Foreign Capital M&A has become one important method of foreign investment and plays a more and more important role in economic development of China. Due to the foreign capital involved, the state enterprise property has been changed into foreign-invested enterprise, and which distributes to some disputes on establishment and existence. It hereby arises the exploration of legal study for the above-mentioned action.This dissertation consists three chapters. Chapter I respectively defines M&A object and subject qualifications in Foreign Capital M&A. For the reason of the feasibility of indirect M&A, the foreign investors can also be the main subject in foreign-invested enterprises, which is commentated in details in this dissertation; Chapter II shows the enterprise property of Foreign Capital M&A. It is in accordance with our corresponding governmental laws and regulations that the enterprise property changes into foreign-invested enterprise for Foreign Capital M&A. Chapter III emphasizes on the enterprise property modification's detailed description, which consists of 3 paragraphs. Section I describes the registered capital & investment amount, which makes clear that the transfer of registered capitals after foreign capital M&A and the confirmation of the enterprise registered capital & investment amount after M&A. Section II includes the Chinese private owners of treatment inherits in Foreign Capital M&A. Section III is other problems of enterprise property modification for foreign capital M&A, which includes governmental examination & approval, the enterprise treatment after Foreign Capital M&A, the assets evaluation & the enterprise stock ratio confirmation after Foreign Capital M&A and the intrinsic creditors rights and debts. Key words: Foreign Capital M&A Enterprise property modification State enterprise Foreign-invested enterprise...