Legal Issues Faced By Chinese Enterprises’ Overseas M&A

Chiese economy is a step towards the world, Chinese enterprises overseasmergers and acquisitions activities flourish development makes the world marvel.Our enterprise after the reform and open policy began to gradually integrate into theworld economy large stage, followed by the party and the government in the strategyof "going out" under the guidance of foreign investment, start, capital output,complied with the tide of economic globalization, the economic development of ourcountry has played an important role in. In recent years, Chinese enterprises overseasmergers and acquisitions activity development is rapid, significant achievements, notonly appeared in many successful cases, but also accumulated some experience.China’s economy healthy and stable development of further promoting China’senterprises overseas mergers and acquisitions investment activity, coupled with therecent world economic crisis environment partially reduced by Chinese enterprisesoverseas mergers and acquisitions activity of resistance, so Chinese enterprisesoverseas mergers and acquisitions investment more enthusiasm high.But in our country enterprises overseas investment activities also appeared a fewnot just as one wishes place, some enterprises in the overseas M&a process sufferedgreat losses, some enterprises by foreign policies and regulations to limit missed therare investment opportunities, there are a number of enterprises in the successfulacquisition of not very good after the acquisition of enterprises managementmanagement. On the whole, China’s enterprises overseas mergers and acquisitionsactivity while the development speed is very quick, but the starting point is low, startlate, with the western developed country photograph comparing still has very bigproblems and gaps, these problems and gaps in limiting China’s enterprises overseasmergers and acquisitions activities for development, but the present stage our countryenterprise is better international environment around, mergers and acquisitions of overseas investment enthusiasm upsurges blindly, large amounts of funds for overseasmergers and acquisitions, therefore on Chinese enterprises overseas mergers andacquisitions activities for the regulation and protection is particularly important.Based on the present stage of our country ’s overseas M&A activity presentsituation as the basis for argument, carefully combing Chinese overseas M&Aactivity face difficulties and challenges, and actively learn from the advancedexperience of developed countries, combining with the situation of our country, putforward some in China’s effective implementation of measures, and establish a newlegislative concept and legislative principle, on China’s overseas M&A legal systemreconstruction, trying to form a complete system, the internal harmonious overseasmerger and acquisition legal system.The full text is divided into four parts:The first part, a comprehensive introduction to the present stage our countryenterprise status of overseas M&A. With a review of Chinese enterprises overseasmergers and acquisitions in the development process the pen, in combination with theworld the development of overseas mergers and acquisitions after the introduction ofChinese enterprises overseas mergers and acquisitions activity present situation. Thispart is the full text of the elaboration foundation, both of Chinese enterprises overseasmergers and acquisitions activity problems or exploring the effective way to solve theproblem, should be based on China’s actual situation of overseas mergers andacquisitions.The second part, on China’s overseas M&A activity encounters difficulty andchallenge undertook elaborating, not only from the political economic and legalculture in all aspects of a comprehensive analysis of the Chinese enterprises overseasmergers and acquisitions activities by the resistance comes from where, at the sametime, combined with the relevant cases to elaborate. This part is the current situationof overseas M&A activity deepen further, focusing on overseas activities exist whatdifficulty, of course, overseas mergers and acquisitions activity faces difficulty isfrom many aspects, the focus of this paper is to discuss the legal system there existwhat problem and how to solve.The third part of the paper discusses the Chinese enterprises overseas mergers and acquisitions activities in the legal aspects of the difficulties and problems, thispart relates to the domestic legal system flaw and the foreign legal system constraintsin two parts. Can say, our country’s current overseas mergers and acquisitions arelimited to a large extent from the legal system, how to solve these problems related tothe business of overseas M&A activity success or failure, therefore this thesis indetail, not only profound analysis of overseas merger and acquisition legal system indomestic legislation defects at the same time, international look, from other countrieson issues of laws and regulations also were demonstrated. This part puts forward theproblem solving approach is based, is the keypoint.The fourth part, in China enterprises overseas mergers and acquisitions activityproblems put forward specific proposals, these recommendations are based on thenational conditions of our country on the basis of comprehensive, draw lessons fromthe advanced experience of the developed country, aiming at the problems existing inthe present stage and the formation of. Recommendations focus primarily onreconstruction of the legal system of overseas mergers and acquisitions, first proposedthe change of overseas M&A legislative concept, then the concrete reconstructionmeasures were introduced.Throughout this paper, discusses the key focus on Chinese enterprises overseasmergers and acquisitions activities in the field of legal system existence question andthe solution measure, the comparison and demonstration, analysis of typical cases aredemonstrated means to illuminate, put forward to establish a Consulate General ofacquisitions overseas investment law, and form a sound, become system of relatedlaws and regulations on the whole, formed a comprehensive, complete, coordination,strong operability of the overseas merger and acquisition legal system.