Legal Analysis Of The Acquisition Of The Management Of State-owned Enterprises

The transferring of State-owned property right to management transfer is called State-owned Enterprises' MBO Professionally. That is the management of state-owned enterprises to use this financing to buy shares of their own corporation, thus change the ownership structure of these companies, the controlling structure and the assets structure, then achieves the goal of reorganizing this company's and one kind of purchasing behavior of obtaining the prospective return. In overseas, the management purchase was considered rapidly expand effective measures that drive the management and reduce company proxy cost. Our country present is experiencing deepest level economic restructuring, and its goal is molding the genuine market main body, its way is drawing back China Association for Promoting Democracy. its core is the transformation of property rights of enterprises .As a method of transferring property rights The MBO is widely used State-owned business remanufacture based on the above goal. However when implemented, there had massive problems, how to regarding management purchase correctly, which is considered effective method that changes the enterprise stockholder's rights structure in the overseas mature capital market. How to guarantee the standard operation of the management purchase carrying on in state-owned enterprise remanufacturing in our country ; How to avoid the outflowing of the state asset when implementation management purchase, how to unify the management purchasing and the state economy strategy as well as how to give dual attention to rights and interests of all quarters in the management purchasing and so on, all have become hot topics recently. Many Problems been refracted in the process of practice, and operation will push management purchasing and the reform of state-owned enterprise to the last wave of public opinion together by the media and current social concern. There are main body irregularities, financing difficulties and lack of disclosure of information, lack of market-oriented pricing, the fuzzy of defined and registrated property rights and lack of assessment, widespread in the management of state-owned enterprises, which together make management purchasing become the codeword of the loss of state assets and unfair, with the quickening legislation as well as the formation of the concept of the social level in recent years, People treat the management purchasing have return to the rational knowledge gradually. Because the management purchasing is one kind of the lever purchasing , they have used massive debt financing, namely used the financial leverage way, but in our country management purchasing financing question had still not been solved, and this needed to rely on capital market construction and market economic reform continuing in our country, as well as the identification in the social concept and the innovation, of the management purchase's value in system, reviewing the management purchasing, pay deep attention to the State-owned business, to the remanufacturing thought, to reform direction ,to impoverish and equality, subsequently sees clearly in the overall social revolution intrinsic intense and the possible directions .Forecast MBO, MBO will be more and more widespread application. Under the depression and the market malfunction.