Research Institution Independent Financial Advisor In M ​​& A Transactions

According to the laws of our country the independent financial adviser is open to the issuing company in cases of mergers and acquisitions program,the legislation mandates the company independent authority appointed by the Board of Directors.Appointing a contractual relationship between the independent financial adviser and corporate enterprises to appoint an independent financial adviser to handle enterprise evaluation form and bears the duty of care of a good administrator work.Enterprises in the second part of the paper describes the relationship between the M&A transactions with an independent financial adviser theoretical analysis, the role of the independent financial adviser in the M&A transactions as well as national law on the independent financial adviser.In addition,the third part of the article illustrates the generates,the Business Mergers and Acquisitions transaction that is determined to be an in the independent financial adviser system is function, as well as independent financial adviser to the of the legal norms and the to be borne by legal responsibility.Observe the instructions on mergers and acquisitions in the European Union and the United States, which provides enterprise mergers and acquisitions should be after the assignment or licensing of the court or competent authority, the election of an independent financial adviser, if the independent financial adviser is not doing their duty of care and result in losses to the company, it should be negative civil liability. At the same time, the independent financial adviser on M&A transactions issued by a reasonable submissions in order to prevent potential conflicts of interest, while exposing no relevant interests related matters. Of "mergers and acquisitions" Although the introduction of an independent financial system in the European Union and the United States, but there is no clear specification of its election process, there is no clear legal responsibility of an independent financial adviser report and disclose related matters of interest issues such as rule of law. This fourth part of this article described in detail the system of independent financial adviser defects in M&A transactions in China, and elaborated to solve the above problem, namely the establishment of an independent financial adviser to the disclosures shall be liable for the principle of attribution of liable established the procedure for the election of the independent financial adviser, and improve the report of the independent financial adviser liability.