并购在中国：法律环境与政府控制（英文版）
M&A in China: Legal Environment and Governmental Control
李寿双
【关键词】并购 外资并购 法律环境 政府控制
【全文】
M&A in China: Legal Environment and Governmental Control
“It is my deep conviction that political and economic freedoms are the two pillars of democracy. In the long run, one cannot exist without the other”
——Arved Deringer
SUMMARY OF CONTENTS
Introduction
Section One
I. Current Chinese M&A Legal Environment and Relevant Assessment
An Overview on Current Chinese M&A Legal Environment
Assessment on Current Chinese M&A Legal Environment——an Empirical Research
Section Two
II. Newly Launched Anti-monopoly Rules and its Improvement
Anti-monopoly Rules on Pre-merger Reporting
Main Shortcomings and Issues to be Clarified
The Ways to Improve Chinese Anti-trust Rules
Conclusion
Introduction
Merger & Acquisition ("M&A"), a term unheard in China about ten years ago, is now quite common. More and more foreign companies are finding their M&A opportunities in China along with the modification of relevant rules and regulations, the increasing sales of State Owned Enterprises (SOE) and the restructuring of Foreign Invested Enterprises (FIE).
Concerned about such trend, Chinese government has adjusted its rules and regulations accordingly under which M&A dealers may enjoy more flexibility and protection.
Focusing on M&A transactions in China, the author views and assesses current Chinese M&A legal environment and the preliminary merger control system, especially the anti-trust rules, and offers various advices on the improvement thereof.
Section One
I. Current Chinese M&A Legal Environment and Relevant Assessment
An Overview on Current Chinese M&A Legal Environment
The M&A legal environment, consisting of laws and regulations on verification and approvals, financing, land-use rights, title to assets, taxes, foreign exchange, labor, assets valuation, dispute resolution, etc., is of great importance in the development of M&A. China is constructing its own M&A legal environment, which is shown in the following chart:
Chinese Laws & Regulations on M&A
Category Statues Names Enacting Authorities Effective Date
The Basal
Laws &Regulations Interim Regulations on the Administration of Share Issuance and Trading
