Legal Regulation Of State-owned Enterprises Asset Swap

In recent years, China’s state-owned listed company’s assets restructuring cases increasing reorganization also emerge, there have been mergers and acquisitions, divestitures, asset replacement and enterprise hosting a variety of ways. Among them, particularly the replacement of assets of listed companies most special way, to improve the performance of the company for the fastest, most complete product structure adjustment. However, in terms of the nature of this asset restructuring, equity transactions, tax and related transactions, there are still many problems, the choice of its assessment methods, pricing is fair, timely disclosure of information is true and so directly related to the security of state assets. In this paper, the loss of state assets from the perspective of research on the prevention and control of state-owned assets replacement of legal regulation.The first part is to study the relationship between state-owned and state-owned asset swap defined between assets and Prevention. Asset swap is the exchange of each other’s assets between companies, making asset optimization has the best state to get a trading behavior to maximize revenue. Prevent the loss of state assets is a state-owned asset swap legal regulation goals.The second part studies the problem of legal regulation and state-owned assets evaluation asset replacement. Theory and practice of evaluation assets experienced Faren develop practice rules, establish standards system and the international convergence of four stages of development and improvement. Regulations need to regulate state-owned asset replacement asset evaluation, in order to prevent loss of state assets. Specifically, we should respect the choice, evaluation and other evaluation methods of restraint mechanisms to regulate.The third part is the study of state-owned assets of the replacement of the tax law State-owned enterprises involved in the process of asset replacement taxes are:corporate income tax, value added tax, business tax. Regulation of state-owned assets replacement replacement of assets owned enterprises need to improve tax policy in order to maximize the loss of state assets to avoid.The fourth part studies the problem of unfair legal regulations related transactions with state-owned asset replacement. Improper related party transactions were engaged before the prevention and control and correction of these three stages and after legal regulation. In particular aspects, should be the controlling shareholder of fiduciary duty, disclosure rules, and rules of professional audit assessment of state-owned assets replacement unfair to regulate related party transactions in order to prevent loss of state assets.