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A Guide to Mergers and Acquisitions in China Product Image

A Guide to Mergers and Acquisitions in China

  • Published: May 2011
  • Region: China
  • 82 Pages
  • Access China Management Consulting Ltd

Alongside the establishment of the State-owned Asset Supervision and Administration Commission (SASAC) of the State Council in March 2003, Chinese authorities start to orderly construct a new state-owned asset management system from top to bottom. Under the control of this new state-owned asset management system, a new wave of privatization of state-owned enterprises (SOEs) is emerging in China. As compared to the past privatization of state-owned enterprises, this new wave of privatization presents a remarkable feature — the state property of enterprises has to be transacted publicly at the property trade markets. In past, local governments privatized most SOEs in the way of insider holding shares to purchase their SOEs, such as management buy-out (MBO), employee stock ownership plan (ESOP), so that excluded outsiders to purchase SOEs. The insider holding shares to purchase their SOEs has occurred a bulk of state-owned assets to be embezzled and eroded by insiders. The severe erosion of state-owned assets led the central government to make decision on establishment of SASAC and a new state-owned asset management system from top to bottom. As a result, SASAC promulgated the “Opinion READ MORE >

Section 1: Introduction

Section 2: The Progress of Privatizing SOEs and its Features
2.1. Background
2.2. The Progress of Privatizing SOEs
2.3. The Features of Privatizing SOEs

Section 3: The New State-owned Asset Management System and Structure
3.1. The New State-owned Asset Management System
3.2. The Structure of State-owned Asset Management System
3.3. The Rights and Responsibilities of State-owned Asset Supervision and Administration Organizations

Section 4: The Legal Base and Features of Emerging New Wave of Privatizing SOEs
4.1. The Legal Base of Emerging New Wave of Privatizing SOEs
4.2. The Features of Emerging New Wave of Privatizing SOEs
4.3. Current Property Trade Markets in China

Section 5: The Procedures for Ownership Transformation of SOEs
5.1. Background
5.2. The Procedures for Ownership Transformation of SOEs
5.3. How to Determine the Price Lining of State Property and Assets?

Section 6: The Procedures and Methods of transaction for State Property and Assets at the Property Trade Markets
6.1. The Approval for Transference of State Property and Assets
6.2. Who Have the Authority to Sell Out the State Property?
6.3. The Procedures of Transaction for State Property and Assets
6.4. Transferors Entrustment
6.5. The Proclamatory Information about Transaction of State Property and Assets
6.6. The Methods of Transaction for State Property and Assets
6.7. Singing up the Transferring Agreement and the Contents of Agreement
6.8. Affirming the Transaction and Altering the Registration of Property Right

Section 7: How Foreign Investors to Purchase and Merge the Chinese SOEs?
7.1 The Legal Base for Foreign Investors to Purchase and Merge the Chinese SOEs
7.2 The Requirements and Qualifications for Foreign Investors to Purchase and Merge the Chinese SOEs
7.3. How Foreign Investors to Participate into the Transaction at the Property Trade Markets?
7.4. The Limitations of Foreign Investors to Purchase and Merge the Chinese SOEs
7.5. The Unequal Treatments for Foreign Investors to Purchase and Merge the Chinese SOEs

Section 8: The Significant Points for Foreign Investors to Purchase and Mange the Chinese SOEs
8.1. How to Evaluate the Value of Transferred Enterprises and State Property?
8.2. The Relationships Between Foreign Investors and the Organizers and Decision-makers of Selling SOEs
8.3. The Relationships Between Foreign Investors and the Managerial Groups of Transferred Enterprises
8.4. The Chinese Native Consulting Organizations

Section 9: Authors’ Consulting Services

Section 10: References
10.1. Reference Literature
10.2. Reference Content of Chinese Laws, Administrative Regulations and Policies

Section 11: Appendices
11.1. Interim Provisions on Introducing Foreign Investment to Reorganize State-owned Enterprises
11.2. Provisions on Guiding the Orientation of Foreign Investment
11.3. Catalogue for the Guidance of Foreign Investment Industries

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