China's Overseas M & Exploration In The Host Country Legal Risks

Because of the world economic globalization, the sub-prime mortgage crisis came from the United States triggered the global financial tsunami eventually, and the global economy comes into an edge of downturn or recession. Affected by this, great changes are taking place in both the international investment environment and our country's overseas mergers and acquisitions. This dissertation makes a comprehensive and profound study of the changing environment of oversea M&A of Chinese enterprises in the host country and legal risks derived from the new situation formed at the expansion of traditional characteristics. Meanwhile it tries to put forward the corresponding settlements to burn up the risks from the perspective of both government and enterprises.The dissertation consists of three chapters, about 37,000 Chinese characters. Chapter one gives a brief introduction that many governments are seeking new ways to put the burden of domestic inflation, unemployment, etc. onto overseas investment by protectionist storm and more stringent restriction and hindrance to pass the frenzy caused by financial crisis. Under these circumstances, transnational M&A, as the most important form of international direct investment, are suffering from unprecedented vibration. Also, there are different attitudes towards overseas mergers and acquisitions around the world.Chapter two makes an analysis on the status quo, the characteristics and the environment of Chinese oversea M&A, and summarizes the new changes and the expansion of traditional characteristics of Chinese oversea M&A, which is the foreshadowing of the later analysis on the all kind of legal risks that Chinese enterprises in the host country may face.Chapter three is the center part of this dissertation. It sums up the legal risks faced by Chinese enterprises in the host country on the view of the anti-mergers of target enterprise, the traditional political risks and commercial operations, such as national security review, anti-monopoly investigations, the clash of cultures after the success of merger, rigid structure, the labor problem, the weak brand and the collision between different social responsibility standards. Meanwhile, it makes a second though on those legal risks from the perspective of both the government and enterprises to seek their deficiency on legal skills, which is good for the next step to looking for the settlements on those legal risks.Chapter IV is also a main part of this dissertation. To the questions the first three chapters have analyzed, it put up some corresponding M&A strategies on settlements: The Government should act as a server dedicating to building a sound mechanism for overseas investment; and enterprises should pay great attention to prevail the legal risks of oversea M&A, trying to do detailed investigation of the host country law, gain more help from lawyers'independent investigation, cultivating personnel who are familiar with international standards, adapting to corporate social responsibility , taking energy-saving and environment-protection road to make overseas M&A.