Mergers And Acquisitions As The Pillar Of Foreign Direct Investment PDF Download

This dissertation, "Regulation of Foreign Mergers and Acquisitions Involving Listed Companies in the People's Republic of China" by Lusong, Zhang, 張露松, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. Abstract: Abstract of thesis entitled Regulation of Foreign Mergers and Acquisitions Involving Listed Companies in the People's Republic of China Submitted by ZHANG Lusong for the degree of Doctor of Philosophy at The University of Hong Kong in June 2006 Due to its advantages in enabling transnational corporations (TNCs) to make full use of existing domestic productive forces and markets and thus being conducive to cost-savings in entering a host country, mergers and acquisitions (M&As) are often preferred by TNCs in pursuing investment in a foreign market worldwide. However, China's foreign M&A market does not flourish despite its high level of foreign direct investment (FDI) inflows. For a variety of reasons, China should promote the growth of its foreign M&A market. In fact, foreign M&A involving listed companies is increasing in China due to the potential of its domestic market and its desire to integrate itself into the global economy (evidenced recently by China's accession to the WTO). In this situation, the regulation of foreign M&A involving listed companies is an increasingly important consideration in the country. To appropriately encourage and support foreign M&A, China needs to improve its legal environment. In order to do so, certain policy questions must be addressed first. The writer argues that for a socialist country that practiced a centrally planned economy for several decades and that has determined to develop a market economy, in which M&A is a typical business activity, the Chinese government must in the first place separate its two roles of regulator and representative of state ownership due to the fact that the state is the largest shareholder in the majority of listed companies. In other words, the government should avoid utilizing its administrative power in exercising shareholder rights in enterprises. China should further diversify the mode of exercise of state ownership and reduce its control over competitive industries. At the same time, the state should refrain from unnecessary intervention in the market and make every effort to support and encourage the due function of market mechanisms. Moreover, China needs to change its FDI policy from adopting both favorable treatment and strict controls to national treatment of foreign investors in the context of M&A. In improving its legal system for foreign M&A on the basis of the above policy adjustments, China needs to pay special attention to four aspects: state assets administration, antitrust regulation, enhancement of corporate and securities regimes, and foreign investment control. When doing so, China should base the legal system upon its own social and economic characteristics and at the same time learn from other jurisdictions' experiences. DOI: 10.5353/th_b3719050 Subjects: Consolidation and merger of corporations - Law and legislation - China Consolidation and merger of corporations - China Corporations, Foreign - China Investments, Foreign - China