The Research On Legal Strategies To Protect Stakeholders In M & A

This article targets on the question of how to determine legal strategies to protect the corporate stakeholders in M&A. To this end, this article examines a set of basic questions and related rules which have been widely adopted by different national jurisdictions, from both the civil-law traditions and common-law traditions. These would provide some impressive and useful points for perfecting the legal framework of ours.For the purposes of exposition and analysis, this article makes the arrangements in details as follows:Part One focuses on the theoretical grounds for the research on the legal strategies in the context.Part Two examines the legal strategies at play in regulation of M&A transactions. As the discussion below will demonstrate, both the civil-law and common-law jurisdictions adopt a fluid mix of special strategies in all detriment due to the insiders'opportunism.Part Three turns to the Chinese legal framework based on the currently effective regulations and rules. This chapter groups these materials into two basic categories. The first one investigates the company law, the securities law and the labor law treatment of all parties in M&A. The next one focuses on some specific situations, which is the core difficulty to make out remedies.Then, the last part applies the points that have been analyzed previously to our shareholders, investors, debtors and employees protections.