The Legal Study in Merger &; Acqusition of Listed Companines by Foreign Investors in China

• Main Authors: Huang, Chun Wei, 黃俊偉
• Other Authors: 林國全
• Format: Others
• Language: zh-TW
• Online Access: http://ndltd.ncl.edu.tw/handle/55yf27

碩士 === 國立政治大學 === 法律學研究所 === 102 === Since China has become the members of WTO, the economic structure has transformed. From the early plan structure becomes to market structure. The policy of investments is tend to be “attract in and walk out”, besides, because of the cheaper workers and marketing potential of China, the foreign investor’s investment policy is going to be from the indirect investment of green island investment or QFII to the direct investment of Merger &; Acquisition. However, in face of the especially system phenomenon of “delaminate of stock rights”, makes the merger&; acquisition by foreign investors difficultly. Moreover, because of the especially factor of “the nationality of friendship”, makes the administrative organizations often refuse the permition of foreign investors by “national security”. In this essay, be focus on the research the merger&; acquisition by foreign investors in common use of the authority laws and decrees, and analyzing the common use of the contracts articles. Besides, to be aimed at the problems of the merger&; acquisition by foreign investors and the protection of shareholders and creditors, I try to supply some suggestions in order to make the balance of the merger&; acquisition by foreign investors and the protection of shareholders and creditors.