Mbo Legal Issues Studied

MBO has made rapid progress in American and Europe, and it also plays an important role for the economy reform in eastern Europe and Russia since it was born in England in 1960s. Yet MBO is in difficulty in china because of the lack of the market eocnomy enviorment and legal enviorment. Based on the discussion on the defination, features and theorical basis, the paper try to study four problems on the subject, object, financing and the pricing of shares transfer of MBO in state-owned enterprise, then make some suggestions to perfect MBO on the problems. The paper includes six chapters, and the following is a briefing on the content of each chapter.Chapter one: the basic principle of MBO. Author gives a defination to MBO, analyses the features of MBO and introduces the basic principle of MBO. Then the development of MBO in foreign counties is introduced in order to make reader know it.Chapter two: the content is about the practice of MBO in china , the problems it faces and reasons for the problems.Chapter three: the subject problem of MBO is analysed and the suggestions to pefect it are offered.Chapter four: difficulties on object of MBO in china and perfect measures. Author introduces the arguments in and out china on object, then gives own thought.Chapter five: financing problems of MBO in china and system amendment. First, antuor think it is not only financing problem, but also a legal problem. Second, author analyses the legal obstacle and legal risk. Third, author offers suggestion to perfect it. Chapter six: the problem on pricing of shares transfer of MBO in state-owned enterprise. Author disagrees with the argument that the net asset is criterion to judge whether the state-owned asset is lost. Then the perfect suggestions are given according to the legal principle and Measures.