Management Buyouts (mbo) Of Legal Regulation

The practice of Management Buy Out or MBO, which was wildly popular in thewestern business world, has had great impact on the reformation of State-ownedenterprises and improved their operating performance after introduced to China. Alongwith it, however, came the serious issue of loss of state-owned assets, which causeddoubt about the reform of rights on state-owned perperties. The paper discusses thelegal regulation of Management Buy Out (MBO) from the perspective of state-ownedassets protection. The paper mainly includes three parts: the first part explains thedefinition and basic rationale of MBO and then compares the backgrounds anddevelopments of MBO in china and abroad;this is to lay a solid foundation for thefollowing case study. The second part analyses the procedures of MBO operation,including to ascertain acquirer, to design financing plan, to refund acquiring fund and totake share pricing. The third part explores the legal environment of MBO. Byconcluding the advantages and disadvantages of current laws and regulations, itadvances corresponding countermeasures. This part studies in detail the informationdisclosure, the procedure and standard of state-owned assets pricing and evaluation inparticular.The paper finally concludes that state property reform should be treateddialectically. State property drain should be attributed to the absence of laws andregulations and the weakness of legal execution as well as the corruption of someofficials rather than MBOs or other kinds of acquisitions. To stop state property reformincluding MBO is not the right way of solving these problems;on the contrary, thelegislative body and the administrative body should, on the basis of diligentinvestigation and discussion, draw effective and workable laws, set powerful executivemechanism to put the laws in operation and to let MBO run on a legal track.