The Foreign Capital Merges Medium Immaterial Assets To Evaluate A Law Question Search

With the continuous increase of investment, the expanding of investing quantity and scale, foreign mergers and acquisitions have become an important way for foreign investment, which has affected our economy in all aspects. In foreign mergers and acquisitions, some hard issues may be met such as scientific assessment of intangible assets, the scope of the assessment, national brands, old Chinese trade marks, traditional recipe, etc. Based on the study of the aforesaid issues, this paper aims to make recommendations on the construction of legal systems of assessment of intangible assets so that our national brands can be fully protected and our national industry can develop continuously.This article is divided into four parts,The first part is the legal analysis of the issues in the assessment of intangible assets in foreign mergers and acquisitions. First, this paper begins with the brief introduction of foreign mergers and acquisitions, the short conclusion of disadvantages in the issues such as the way of assessment, the scope of assessment and the protection of national brands, then this paper gives its legal analysis and raises a point that comprehensive understanding of the concept of intangible assets is the condition of correct assessment. Then this paper makes its explanation and analysis on the issue of the nature and feature of intangible assets and at last points out the difficulties. The second part is about the method of assessment in foreign mergers and acquisitions. Based on the introduction and analysis of world's top three evaluation criteria,"Uniform Standards of Professional Appraisal Practice","European Valuation Standards","International Valuation Standards", this paper concludes the method of assessment in the abovementioned three criteria. Then this paper makes the specific introduction and analysis to the advantages and disadvantages on the issue of the assessment of intangible assets using the income approach, market approach and cost approach. At last this paper raises the four important principles: forwarding income principle, the best use of assets, afford and need principle and the principle of the change of the interest title.The third part is the scope of assessment of intangible assets in foreign mergers and acquisitions. By reference to international advanced standards, combined with the practice of foreign capital cases, this paper points out that the assessment of intangible assets should include the scope of intellectual property, sales network, a collection of labor, non-competition clause, goodwill and other intangible assets, among which, for the first time this paper believes that the Collection of labor should be made of non-competition clause included in the assessment of foreign capital in the range of intangible assets.The fourth part is the construction of legal system in the assessment of intangible assets in foreign mergers and acquisitions. In this part, facing the disadvantages of the legal system, the bad management of assessment institutions and the protection of national brands, the paper raises its special views from different points. Among which, the views include the legal system construction, intangible assets evaluation agencies and personnel management, foreign mergers and acquisitions in the knowledge. This article aims to make special protection of property rights and foreign mergers and acquisitions industry, regulatory and antitrust review and other content.