Legal Risk Of Chinese State-owned Enterprises' Overseas Acquisitions

In the promotion of economic globalization and the call of "going out" strategy,China’s state-owned enterprises continue to expand overseas. Since2008, the UnitedStates sub-loan crisis of the global financial crisis, many countries and regions in theworld, enterprises are faced with the serious management crisis, this crisis offers greatopportunities for development of China’s state-owned enterprises to expand overseasmarket. However, the overseas M&a road is not everything is going smoothly.,which is facing difficulties and risks beyond the executives expected. In2008alone,Chinese enterprises overseas M&a loss of up to about200000000000yuan. In thiscase, we study the legal risk of overseas mergers and acquisitions of state-ownedenterprises in China, as well as the legal risk prevention, to ensure the safety ofstate-owned assets, to prevent the acquisition of legal risk, is of great theoretical andpractical significance.This paper mainly uses comparative analysis method, case analysis method,system analysis method. Before finishing the reality of outbound M&a sort ofstate-owned enterprises in China, at the same time, learn from the successfulexperience of other countries and regions, on the basis of this, the suggestions onPerfecting China’s state-owned enterprises mergers and acquisitions overseas legalrisk prevention measures. Specifically, this paper is divided into five parts:The first part introduces the background of the topic and the researchsignificance, points out the necessity and practical significance of the research,describes the present situation of domestic and foreign research present situation andthe domestic and foreign transnational merger and acquisition.The second part elaborates the concept of state-owned enterprises overseasmergers and acquisitions, characteristics and causes, the definition of state-ownedenterprises and overseas acquisitions, analyzes the characteristics of the overseasmerger and acquisition of state-owned enterprises, from the macro and micro twoaspects of the general causes of state-owned enterprises overseas mergers and acquisitions.The third part introduces the legal risk of overseas Chinese state-ownedenterprise merger and acquisition, has carried on the elaboration from four aspects ofstate-owned enterprise legal risk, domestic regulatory legal risk, legal risk of overseasregulatory approval, the host special legal risks.The fourth part puts forward the legal risk of overseas Chinese state-ownedenterprise merger measures, from the three aspects of state-owned enterprises inChina, the government agency, puts forward countermeasures for risk prevention.The fifth part puts forward some suggestions for the perfection of China’sstate-owned enterprises mergers and acquisitions overseas legal risk preventionmeasures, analyzes and discusses from two aspects the enterprise level and nationallevel, organic whole so as to form the system of risk prevention.