Foreign-invested Joint-stock Companies Set Up The Legal Issues

As an individual corporate form in China, foreign-invested joint stock company has established and perfected with the development of the reformation of economic system, enlarging of making use of the foreign investment method and developing of socialism commodity economy. Compared with foreign-invested enterprise and corporate enterprise, there is special legal characteristic in foreign-invested joint stock company, however, there is, of course, lots of commonness, and it is worth studying in this field no matter how in theory or in practice. Facing these legal problems, my dissertation focuses on the establishment. This dissertation discusses the key problem both from macroscopically and microcosmically. There are five chapters in this dissertation.Chapter 1, Introduction, as the beginning of this dissertation, it describes chiefly to foreign-invested joint stock company as a whole. This part focuses on the legal characteristics, background, determinants and application of foreign-invested joint stock company.Chapter 2 discusses the key three establishment forms, including consolidation, acquisition and transformation. According to the Company Act, a joint stock company may be set up by means of promotion or public offer, so does the foreign-invested joint stock company. This dissertation illustrates the capital issue deeply.Chapter 3 introduces the establishment by foreign-related M&A, which is key form, and also the issue in theory and practice. According to classified method, which is established in Art. 2 provisional regulation on merger & acquisition of domestic enterprise by foreign investor, establishment by foreign-related M&A may be set up equity M&A, which includes listed company and non-listed company merger, and asset M&A, which includes purchase-establishment mode and establishment 0purchase mode. At last, it discusses anti-trust review.Chapter 4 discusses establishment that other enterprise forms transform the foreign-invested joint stock company. It may be divided into joint stock company and stated-owned corporation in transforming the foreign-invested joint stock company. This article focuses on national asset assignment and its employee's problems.It is macroscopically thoughts with respect to the establishment of foreign-invested joint stock company in Chapter 5, this chapter introduces the foreign advanced experience after analysis the exiting problems and provides the reasonable advices. During the course of writing, this dissertation tries my best to achieve the logic strictness and focuses on to solve the problems.