The Chinese Enterprises Overseas M & A Legal Risks And Prevention Research

According to the investment development track theory by the economist John Dunning, China direct investment abroad number will more than the FDI and be in flourishing era . The serious recession caused by the financial crisis, the worldwide economic recovery in the post-crisis era, China's uniquely outstanding performance during the financial crisis, the appreciation of RMB, the implementation of marketization of exchange rate mechanism, combined with encouragement and supporting from Chinese government, allow Chinese enterprises to embrace rare opportunities of overseas M&A. However, China overseas M&A often encounter many enterprise risk, such as the M&A risk, investment risk and legal risks. Legal risks is the key to the M&A success. The understanding and precautions of the overseas M&A legal risk is a compulsory to Chinese enterprises .This will largely determine the success or failure of the Chinese enterprises overseas M&A .The classification of overseas M&A legal risks is wide variety .This article will produce according to legal risks, separately from the different departments facing the Chinese enterprises M&A overseas ,such as national safety review legal risk, antitrust review legal risk, labor cultural legal risks and environmental regulations risk, tax regulations risk and political legal risks etc, introduce the current representative countries legislative provisions, characteristics and analysis the Chinese enterprise mainly face risks, complementary with Chinese enterprises overseas M&A cases, explore avoid risk preventive measures.This article mainly use the normative analysis, value analysis, comparison, case analysis and other methods, composed by the introduction and five chapters. The first chapter briefly introduces part the Chinese enterprises overseas M&A history, present situation ,prospect and characteristics. The second chapter introduces and analyses the national security review provisions and risks in Chinese enterprise overseas M&A ,combining "Huawei Buying American 3LEAF Company" case to propose some useful preventive measures . The third chapter mainly introduces about the antitrust review provisions and risk analysis in Chinese overseas M&A, with " Cimc Group Merged Borg " as an example, propose preventive measures for Chinese enterprise overseas M&A . The fourth chapter about Chinese enterprise M&A overseas labor cultural risk, with "Shanghai M&A Ssangyong" case warn Chinese enterprise should cause enough attention in labor laws and regulations and cultural in M&A overseas. The Chapter 5 about other risks, it mainly introduces from Chinese enterprise M&A overseas faced in environmental law risk, tax risk, political risk, and finally puts forward preventive suggests .