Research On The Legal Problem Of Transnational Mergers And Acquisitions Of Chinese Enterprises

While along with the word’s fifth wave of transnational mergers and acquisitions (Hereinafter referred to as M&A), China is under planning the "go global" strategy. Although transnational M&A of Chinese enterprises developing rapidly, but due to various dominant or recessive problem exists and constraints, there is rarely business had smooth and successful implementation of transnational M&A. At present, Chinese enterprises transnational mergers and acquisitions literature focuses on research in the field of economy. Transnational M&A is a complex and varied economic means, which covers wide-ranging areas, and also subject to the laws of two or more countries to adjust, multinational legal norms will directly affect the success of transnational M&A and future development. Therefore, the legal issues transnational M&A is the key of deciding the fate of the expansion and development. This paper attempts to analysis of empirical case studies and interdisciplinary cross-linking method, from a legal point of view, to analysis the transnational M&A of Chinese enterprises legal situation, and to ask questions and give appropriate solutions.This paper is divided into five parts. The first part of define the concept of transnational mergers and acquisitions, thought analysis of the meaning of mergers and acquisitions outlined the meaning of the transnational M&A. To further illustrate the main motivations of M&A form and then shows new characteristics. In the second part, through the analysis of actual cases of transnational M&A of Chinese enterprises, broad in this paper, the achievements of transnational M&A of Chinese enterprises. The third part reveals legal status question of transnational M&A of Chinese enterprises, including the regulations both at home and abroad, and its legal problems and risks. The fourth part draw lessons from foreign related legal regulation of transnational M&A, mainly is the United States and Germany’s legal system and institution, revelation of China how to improve and strengthen the legal system of transnational M&A. The fifth part is aiming at questions and enlightenment in the text, from the legislation, perfecting the system and provide a good environment in three aspects, points out that the construction of perfect the legal system of Chinese enterprises cross-border M&A.