Research Of Guarding Against Legal Risks On The Acquisitions Of Chinese Enterprises In The U.S

When Chinese enterprises implement acquisitions overseas, management risks and legal risks are two key factors which have an important effect on success. So it will be practical and significant in the studies of guarding against legal risks in specific host countries.The paper uses guarding agasting legal risks on the Acquisitions of Chinese Enterprises in America as the main research object and researches it through two specific aspects:the characteristics of Chinese enterprises and the environment of American law. By historical analysis and inductive analysis, the paper focuses on risks from the National Security Censorship, antitrust,and the Securities Law which Chinese enterprises will face overseas. At last it puts forward corresponding measures to prevent the risks.When facing risks from the National Security Censorship, Chinese enterprises must strengthen the analysis of itself and adopt the appropriate acquisition strategy. They can defuse political risks by cooperation with the consultancy or investment institutions and strengthening the propaganda. The enterprises may prevent and reduce the risks of M&A failure by communications before declaration, reaching mitigation agreements,or signing effective agreements. When facing risks from the antitrust, they must choose the correct acquisition strategy, make modest concession and realize a win-win situation. When facing risks from the Securities Law, they must choose the correct the methods of M&A and payment, complete important information disclosure and adjust governance structure according to the American law requires.