Law Risk Control Research Of C Company’s Mergers And Cquisitions

In-depth development of the market economy and the adjustment of the economic restructuring of the environment, the state-owned enterprises through mergers and acquisitions to practice with the upgrading and transformation of the investment market,according to my working practice, how to identify and prevent the legal risk of investment in the merger process, it is to be placed in an important and urgent task in front of state-owned enterprises.The current investment in practice, many companies appear many problems of unbalance between rights and obligations, the investment out of control, loss of state assets and sequelae, affect the stability and development of enterprises, resulting in adverse social consequences, are exposed to the legal risk awareness is not strong, the lack of internal control system and risk prevention mechanism is not sound brings to the enterprise risks. Especially because of the information asymmetry, moral risk caused by the "covert project", coupled with the impact of the relevant legal policy, processes tend to make the investment process is also the risk and trap coexist. Many legal problems in investment process involves false funding, the contract unconscionability, mortgage risk, debt risk, the risk of labor relations, throughout the merger decision-making, the implementation of M & A, M & A integration of the whole process, such as company law, contract law, guarantee law, property law, securities law, labor contract law, patent law, trademark law and so on many laws and regulations. The existing legal system about the M & a content relatively thick lines, the lack of M & a practice guidance and technology M & a maneuverability, such as unclear property rights, merger and acquisition of the declaration and approval procedures are not specific and detailed administrative means to intervene, directly affect the M & a formal, legal troubles to bring investment behavior. Therefore, in order to guarantee the investment smoothly, promote the enterprises to improve the industrial layout and the basic premise of sustainable development, fully understand the significance of legal risk prevention investment mergers and acquisitions, take various measures to strengthen the legal risk prevention and control, construct the perfect risk prevention mechanism. This article from the basic theory of M & A and risk management, combined with the current situation both at home and abroad, through the introduction of several common China under the background of legal risks, to provide theoretical support for the research of M & a risk analysis and Countermeasures of investment company C; combined with the merger situation C investment company and the actual case analysis, main problems of summary C investment company merger and acquisition process the and faces the main legal risks, including the risk of transaction subject qualification, financing and payment risk, integration risk, the study put forward the perfect prevention system and guarantee system of legal risk investment merger and acquisition of enterprises, so that the maximum degree of legal risk in enterprise M & A is reduced, so as to improve the success rate of investment.