National Regulation Of Foreign Mergers And Acquisitions In China

The thesis is divided into four parts, the logical structure and the specific contents of this thesis are as follows:The first part defines the concepts related to foreign investors M&A in China and classifies the ways of foreign merger and M&A in china. based on the practice. In accordance with the laws and administrative regulations governing foreign investors M&A and other relevant laws and administrative regulations to promote and regulate foreign investors' investment in China, this part defines mergers and acquisitions, mergers, acquisitions, foreign investors, domestic enterprises and so on, and there are some difference between definitions stated above and general theory definitions. The thesis maintains that foreign investors M&A include mergers and acquisitions, mergers inevitably lead to the transfer of control of domestic enterprise, but otherwise acquisitions don't necessarily lead to such transfer. In accordance with the laws and administrative regulations governing foreign investors M&A, this thesis introduce two available kinds of foreign investors M&A in china: "Asset Merger and Acquisition" and "Equity Merger and Acquisition".The second part introduces the historical development periods and current situation legislation and practice about foreign investors M&A. This part look-back three historical stages of foreign investors M&A in china: the outset stage, the stage of slow development and the stage of breakthrough development, and this thesis makes a brief introduction of legislation at every historical stage of foreign investors M&A in china. Then, this thesis make a classification of the laws and administrative regulations governing foreign investors M&A and other relevant laws and administrative regulations to promote and regulate foreign investors' investment in China.The third part of the thesis is about the government regulations on foreign investors M&A. Firstly, this part summarizes the economics theories about government regulation: the theory based on public interest and the theory based on sector interest. Then according to the laws and administrative regulations governing foreign investors M&A in china, this part analysis the specific regulation measures of six issues of foreign investors M&A in china.The fourth part analyses some significant issues of foreign investors M&A in china law system, foreign investors merger and acquisition state-owned enterprise and antitrust issues. This part points out the faults of regulation measures on issues stated above. Then the thesis offer proposals for such faults.