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The Legality Of Corporate Management Leveraged Buyout

Posted on:2009-04-23Degree:MasterType:Thesis
Country:ChinaCandidate:Q NiFull Text:PDF
GTID:2206360272489497Subject:Law
Abstract/Summary:PDF Full Text Request
The author tried to argue concept,character and theory analysis of management buyout to demonstrable analyzed the development and character of management buyout of Chinese enterprises,and emphasized on legality of buyout financing process to view legality of our country's management buyout,and proposed many legal advice to settle out legality of management buyout financing of Chinese enterprise,investigated and enriched related legal policy of capital financing market in our country.There are three parts(introduction,main body and conclusion) in this article,and there are four chapters in the main body. The introduction part expatiated the topic's background,theoretical and practical significance of investigation,and pointed out the focus issue and the investigation method what the author concerned.Chapter One:the meaning,theory basic and development actuality anatomy of management buyout.The main content in this chapter,firstly defined related concept,expatiated the character of the management buyout,and looked for its economics explanation to analyze its law meanings.The author pointed out each academe's weakness in management buyout in China,and expatiated own legal definition for management buyout.Secondly,emphasized on particular introduce and analyze the related basic theory of management buyout in each country of the world.Finally,expatiated and discussed the three phases' character of Chinese management buyout development.The author hoped to through writing this chapter to provide theoretical and practical significance for behind investigation.Chapter two:The legality of financing process and legal regulation in management buyout process of Chinese enterprise.The main content in this chapter,emphasized to introduce the method and characteristic in financing process of management buyout of occident developed country which represented by the United States,such as a comparison.Secondly,introduced traditional practical mode of management buyout financing of Chinese enterprises through several typical cases,and analyzed new status,each character and legal background what happened in financing process of Chinese enterprises.Finally,the author particular investigated the market limitation and legal issues what happened in the existing policies,laws and each management buyout financing models,and pointed out their similarities and differences,and pondered and judged it with the legal significance. Chapter Three:GuangDong Yue Midea Holding Co.,Ltd.was the first public company through management buyout in China.The author chose Yue Midea as a case to introduce its buyout process,especially took the financing process as the angle of view to analyze and sum up many irregularities,such as:the non-standard capital resource;the legality issue in main body of buyout;non-diaphaneity and legality of buyout capital resource,and gave his own assessment.Chapter Four:Showed some legal advice and construction to solve difficult issues in management buyout of Chinese enterprises.In this chapter,the author analyzed the significance and feasibility for setting up and consummating our management buyout financing legality,and based on first three chapters to proposed suggestion and reason to how we established the related legal regulation.The author believes that gets out of financing predicament and legality in management buyout process of Chinese enterprises,depends on the further improved in trust legislation and the enterprise finance control relaxation,which should endue the enterprise with more financing free and choices.
Keywords/Search Tags:Management Buyout (MBO), Financing, Legal Regulation, Yue Midea, Trust Legislation
PDF Full Text Request
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