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China Split Share Structure Reform, Foreign Mergers And Acquisitions Legal Regulation

Posted on:2010-06-08Degree:MasterType:Thesis
Country:ChinaCandidate:H Q GaoFull Text:PDF
GTID:2206360278954900Subject:Law
Abstract/Summary:PDF Full Text Request
In last three decades, Transnational Mergers & Acquisitions (Cross-Border M&A) activities have gradually become a world trend and the major foreign direct investment (FDI) means, substituting the green investment, and have greatly influenced the economy of the world in the Process of economic globalization.With foreign investment in China is growing, Cross-Border M&A boom in China continue to rise. Foreign Acquisitions of China's economic prosperity and social development has played a positive roleReforming Chinese securities market prepared a substantially positive environment for the Foreign Capital M&A. A large volume of low price circulation jetton reduced the cost of M&A. Moreover, new opportunities are offered to the Cross-border M&A under the following three joint support: the amendments of rules and regulations on corporate law, security law, criminal law and insolvency law, the integration of our accounting policy and standard into international ones and a increasingly improvising M&A system construction and micro economic accumulation.On the other hand, the policy for foreign investment M&A is not reasonable and the legislation is inadequate in China. It is urgent to regulate reasonably for foreign capital M&A activities。In this paper, I try to provide some suggestions on the regulating China's foreign capital M&A, through empirical research and comparative analysis on the construction of system of foreign investment M&A, in the background of Split Share Structure ReformThis article is divided into six chapters.Part One mainly gives the background for the complete discussion of the topic. First it defines the Cross-border Mergers and Acquisitions, and also analyzes the foreign-funded Mergers and Acquisitions from the view of the host nation to make a research body for building the M&A regulations. Next it introduces the characteristics and types of Cross-border Mergers and Acquisitions. The difference between foreign investment and M & A is defined by separated and together interpretation.Part Two is mainly analyzed the new features and new trends of the foreign capital M&A activities at China's Post-Split Share Structure Reform. First, it introduces the history of split share structure reform in order to further understand the background of this paper. Second, it introduces the new features presented in the background here before. All the background offers Reality-based reasons for the policy and legal system.Part Three analyzes the resonation of regulating the foreign mergers and acquisitions in the background of split share structure reform. It mainly expands on in two sides: the motives of foreign mergers and acquisitions and the negative influence of China's economy. It is negative for the long-term economic development if not taking regulation to the foreign capital M&A. at this post- split share structure reform period.Part Four compares the regulations for foreign capital M&A between developing and developed countries. The China's marker will more developed after the Split Share Structure Reform, which research will have a direct reference to China's foreign capital M&A policy and regulatory supervisionPart Five gives a complete analysis and comment to the present legal system foreign investment policy, approval policy and anti-monopoly, list many questions.Part Six is the suggestion of the establishment for China's regulation system. It describes in two points, firstly from the level of government policy, the other part is that enhance the constrictions of the legal system...
Keywords/Search Tags:Foreign Capital M&A, M&A Regulation, Anti-takeover
PDF Full Text Request
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