The Legal Risk Prevention Of The Merger And Acquisition Of Real Estate Enterprises

During 2019,Chinese government departments continued to increase regulation of the real estate market.Through bidding,auction and hanging out,the conditions for transferring land became higher and higher.However the cost and difficulty for real estate enterprises to obtain land in the primary market are increasing,and the constantly tightened financial policies also lead to the limited financing of real estate enterprises.Under this situation,all real estate companies are trying to seek new development opportunities through M&A.However,the failure rate of real estate M&A remains high.In recent years,the litigation cases of real estate M&A are increasing year by year,and the legal risks in real estate M&A are gradually concerned by the public.Based on the analysis of 467 cases of real estate M&A in Shaanxi Province,this paper sums up the following characteristics of the real estate M&A: the real estate M&A is closely related to the national economic and macro policies,and is different from the M&A of general enterprises.The real estate M&A aims to obtain a large number of land development resources.The amount involved is relatively large,while the real estate M&A is mainly horizontal M&A.At the same time,combined with the sample cases,this paper analyzes the advantages and disadvantages of the common transaction mode of real estate M&A and the main causes of litigation disputes.And from the three aspects of real estate enterprise itself,the laws and regulations of real estate enterprise merger and acquisition and administrative management,this paper discusses the legal risks of real estate enterprise merger and acquisition in China.In view of the legal risks discussed in this paper,the author thinks that the legal risks in real estate merger and acquisition should be prevented from the following aspects: first,real estate enterprises should strengthen the legal risk management in the process of real estate M&A from their own point of view,but also further improve the legal normative documents of real estate M&A in China to avoid the legal loopholes caused by the ineffective connection between the legal norms.Finally,the administrative organs should strengthen the functional positioning and formulate the policy norms We must comply with the law,reduce administrative interference,and actively guide the orderly development of the real estate M&A market.