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Research on Legal Issues of Foreign Investors’ Merging and Acquiring State-owned Enterprise
Author: XueZuo
Tutor: XiaoPeng
School: Ocean University of China
Course: International Law
Keywords: Foreign M \u0026 A State-owned enterprises National Treatment Antitrust
CLC: F279.21
Type: Master's thesis
Year: 2008
Downloads: 215
Quote: 1
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Abstract
State-owned enterprises should be how to transform their operational mechanism, to take a kind of road to reform has been a problem in the development of China's market economy. Absorb the utilization of foreign capital reorganization, transformation of state-owned enterprises, especially large state-owned enterprises, has a very important role to solve the funding of the development of state-owned enterprises, and revitalize the stock assets, diversify their ownership, and establishing a modern enterprise system. Foreign M \u0026 A refers to the behavior of a country investors to enter the market in his country way of mergers and acquisitions. Foreign mergers and acquisitions in the field of international investment, foreign direct investment mainstream mode. In China, foreign mergers and acquisitions of state-owned enterprises, both foreign seek new investment, the need to expand investment in China, a state-owned enterprise reform, economic and institutional innovation, opening up and economic and social development needs. Fifth cross-border mergers and acquisitions sweeping the global international environment, foreign mergers and acquisitions trend of the Chinese enterprises to the raging case also increasingly emerged out of foreign mergers and acquisitions of state-owned enterprises. Foreign mergers and acquisitions for the reform and development of China's state-owned enterprises not only brings opportunities, it also brings challenges. Foreign mergers and acquisitions of state-owned enterprises in fact belong to the cross-border mergers and acquisitions, the main body of the mergers and acquisitions are multinationals, such acquisitions mode than purely domestic mergers and acquisitions has many special about. It is a multiple specifications for the purpose of business ownership and control by domestic and international law in international direct investment, cross-border transactions of property rights adjustment behavior. However, China and the corresponding legal system has lagged far behind, it is difficult to effectively regulate mergers and acquisitions, the protection of the legitimate rights and interests of the state-owned enterprises. M \u0026 A standardized and orderly manner, safeguard the legitimate rights and interests of foreign and state-owned enterprises must strengthen legal supervision of the M \u0026 A process. In this paper, from the perspective of legal regulation, discussed legal issues of foreign mergers and acquisitions of state-owned enterprises. Start from the analysis of the basic questions of foreign mergers and acquisitions of state-owned enterprises, is divided into four parts. The first part introduces the historical development of the concept of foreign mergers and acquisitions of state-owned enterprises, the legal nature of the impact of China's economic development, as well as the legal system; second part of the analysis of the existing legal environment for foreign mergers and acquisitions of state-owned enterprises in China, pointed out that the legislative system, the basic principles of foreign mergers and acquisitions of state-owned enterprises in China, and the main mode, and to large state-owned enterprises, Dongfeng Motor Corporation and Nissan Motor Company formed a joint venture, for example, come to its successful experience and enlightenment. On this basis, in-depth analysis of foreign mergers and acquisitions practice, to establish and perfect the legal system of foreign mergers and acquisitions of state-owned enterprises objective necessity; Part III, the Western developed countries, foreign mergers and acquisitions of state-owned enterprises Legal Regulation research on comparative law, and summed up the revelation of our legislation; fourth part, based on the three-part study and explore, through the analysis of the defects of our legal system of foreign mergers and acquisitions of state-owned enterprises put forward to improve our foreign M \u0026 A Legislative Conception of the legal system. Foreign mergers and acquisitions of state-owned enterprises is an important part of the introduction of foreign investment in China, the use of foreign capital, therefore, must build a public law norms, including the adjustment of national regulation of access of foreign mergers and acquisitions and private law norms, including the adjustment of foreign mergers and acquisitions transactions with certain public law content harmonization of foreign mergers and acquisitions of new legislative system.
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