| With the rapid development of economic globalization, cross-border mergersand acquisitions have become an important way for countries to foreign investment.Chinese companies also put it as a fast-track corporate internationalization, settingoff a wave of overseas mergers and acquisitions, but encountered difficulties. Thispaper tries to CNOOC acquisition of Unocal, for example, analyze the mainproblems of Chinese enterprises in overseas mergers and acquisitions during theencounter, come up with strategies to avoid and prevent overseas mergers andacquisitions in the legal regulations, hoping for Chinese enterprises "going out" toprovide a little help.The first part of the first on the basic situation of Chinese enterprises overseasacquisitions overview describes its meaning, motivation type, mergers andacquisitions, status and characteristics.The second part is about the legal regulations and the problems faced by Chineseenterprises overseas mergers and acquisitions, the first statement of the legalregulation of the United States, the European Union and other developed countries,as well as Chinese enterprises overseas M&A legal regulation conditions; secondlysummarize our existing overseas investment norms Legal problems; finally pointedout the existence of legal barriers to overseas acquisitions.The third part of the present stage of Chinese enterprises overseas mergers andacquisitions for the problems, suggestions to improve the legal system of China’soverseas investment, well-developed overseas investment insurance system, but alsofor Chinese enterprises overseas mergers and acquisitions suffered antitrust laws putforward countermeasures and suggestions.Research methods: first, the literature study. Cross-border mergers andacquisitions by reading the relevant literature, some basic questions to find outcross-border mergers and acquisitions. While reading to law-based, but also includes economics, sociology and other related content. Second, the case study method.Through the analysis of specific cases CNOOC acquisition of Unocal, recognizingthe most common and most immediate problem faced by overseas mergers andacquisitions, and to find strategies from which analyze the problem. Third, themethod of comparative research. Law developed by the United States, EuropeanUnion and other overseas regulatory comparison, we found similarities anddifferences and their respective advantages: the relevant legal system of China’scomparative study found that there is a problem, and then find the perfect path. |
