Research On The Legal Problems And Countermeasures Of The Cross-border M&A Of Chinese Corporation

In recent years，under the guidance of "going out" strategy in our country，especially the global financial crisis’s eruption Provides an unprecedented opportunityfor China enterprises to develop the overseas market. The better development of ourcountry enterprise how to take advantage of this opportunity, avoid due to face variousrisks in overseas mergers and acquisitions lead to the failure of mergers and acquisitions,is our country enterprise must pay attention to a problem.There are four sections in this article. The first part defines the concept of theoverseas merger and acquisition in the first place, then analyses the motive and thecharacteristic. The second part research the risk and barrier question faced by ourcountry enterprises, from the domestic and capital importers and other aspects.Including approval system in current China and overseas investment insurance systemin terms of legal obstacles,and antitrust scrutiny from capital importers and national security review of legalobstacles. The third part analyze the other countries of the legal system of overseasmergers and acquisitions, from the antitrust review system, the national security reviewsystem, examination and other related system of the environmental protection, caneffectively avoid the legal risk when making overseas acquisitions of companies in ourcountry. The fourth part elaborated our country deal with overseas mergers andacquisitions risks and obstacles countermeasures, from two aspects of build and perfectour domestic legislation overseas mergers and acquisitions and companies cope withoverseas mergers and acquisitions risk strategy, as well as guide enterprises to establisha scientific and reasonable risk prevention mechanism, to ensure that cross-bordermergers and acquisitions smoothly.