Bachelor Thesis from the year 2008 in the subject Business economics - Miscellaneous, grade: 1,8, University of Applied Sciences Essen, 60 entries in the bibliography, language: English, abstract: For many years the number and value of cross-border mergers and acquisitions (M&A) has increased. Although cross-border M&A seem to be a very attractive mode of entering foreign markets by having the aim to increase market power, improve efficiency through synergy, size, risk diversification or financial motivations, most M&A waste shareholders' value. This Bachelor Thesis illustrates the risk potential of M&A by analysing problems due to cultural differences in China.
This hugely informative book - unique in its overarching emphasis on the laws governing M&As and takeovers in China - not only shows those interested in investing in China how to avoid legal mistakes and miscalculations. In addition to offering singular interpretive analysis of strictly legal matters, the authors concentrate extensively on the all-important cultural and environmental factors that can make business in China daunting for the uninitiated. Extending this double emphasis on cultural understanding and M&A and takeover expertise, the authors clearly explain such elements of how to enter the Chinese market (or expand a presence in it) as the following: concepts of guanxi and mienzi; understanding China’s rising middle class; valuation of state-owned assets; maximum permitted debt-to-equity ratios; key PRC government agencies involved in the approval of transactions; taxation framework for enterprise restructuring in China; employees as an asset; share swaps; prohibited trading activities when acquiring a listed company; legal framework for dispute resolution; administrative proceedings; liabilities for breach of contract; and responding to intellectual property rights abuse. The authors provide precise details on the characteristics of, and procedures involved in, the wide range of investment options available in China, with knowledgeable guidance on the choice of investment options and protection of investor interests. Because China is clearly a major global economic force and will continue to be so in the foreseeable future, this thorough but down-to earth guide is of immeasurable practical value to foreign investors of every kind, from multinational corporations to individual venture capitalists.
Whatever their industry of origin, all companies are facing the same challenge to a greater or lesser degree: globalization. It is becoming more and more evident that companies need to plan ahead and anticipate coming developments if they are to be successful in the future. Today, it is crucial to establish a solid competitive position in the global arena. There is no doubt that a corporate culture that is open to innovation and shaped by global thinking, plays a key role in this context. A culture in which representatives of different countries und cultures can come together, anticipating and understanding the cultural challenges, creates the foundation of any international business. A global view on intercultural management will be the key to successfully doing business in diverse cultural environments.
Mergers & Acquisitions and Partnerships in China provides a fast and accessible framework to external growth in China, and is an attempt to accurately describe the main operative conditions and in particular the most common pitfalls for foreign businessmen. The business cases in this book illustrate real business situations, including different outcomes and a thorough analysis of the reasons for success or failure of the case. The authors provide all the necessary tools to better master the negotiation and transaction process, and provide in particular, detailed explanation on the due diligence process and the regulatory framework to help readers successfully lead acquisitions in China. Written by well-known experts in finance, law, and management, who all have deep business knowledge of China, the book aims to help practitioners, such as law firms, audit and advisory firms, and entrepreneurs to start or grow their businesses in China through successful partnerships, and acquisitions and mergers by explaining how these aspects are regulated by a complex web of laws, regulatory, and political practices in a context where the state plays a key role in the approval of important transactions.
Discusses cross-border mergers and acquisitions (M & A) by Chinese companies, mainly to clarify their strategies and the effect of their M & A at an international level. This book is suitable for multinational enterprise managers, brokers, dealers and investors.
Seminar paper from the year 2007 in the subject South Asian Studies, South-Eastern Asian Studies, grade: 87, Dongbei University of Finance and Economics (School of International Business), course: Chinese Financial System, 31 entries in the bibliography, language: English, abstract: China is a fast growing economy. Therefore a lot of companies intend to enter this market. Mergers & Acquisitions (M&A) are a useful tool to do so. First of all, it is important to understand the key principles of M&A. Therefore chapter 2 gives a summary of the most important aspects of mergers and acquisitions in general. Chapter 3 gives an introduction to the Chinese M&A market. It will deal with statistics concerning inbound and outbound deals, FDI and an overview of M&A advisory and investment banks. Chapter 4 will focus on the current situation of M&A activity and foreign direct investment (FDI) in China. FDI is another method for entering a market and is a competing tool to M&A. It will also present some examples of M&A where Chinese companies were involved. Chapter 5 deals with the importance of the stock market for M&A activity. After that, the most important aspects of M&A activities in the Chinese financial industry will be shown. First, an overview of the banking industry in China will be presented and the problems will be shown. After presenting the reasons for foreign companies to enter the Chinese financial market, the M&A activities in that sector will be shown and evaluated.
Since its accession to the World Trade Organization (WTO), China has undertaken stronger initiatives toward adapting its legal system to support the development of a market-oriented economy. However, in this important new study the author contends that Chinaand’s steps in this direction are not sufficient. Although barriers to merger and acquisition (Mand&A) targeting of state-owned enterprises (SOEs) have been significantly reduced, excessive administrative intervention continues to discourage foreign Mand&Ainvolving domestic listed companies. This book proposes changes in Chinese law, including a new full-scale regulatory scheme, which would enhance and expand such foreign direct investment. The discussion proceeds from the perspectives of company law, securities law, antimonopoly law, and foreign investment law. Based on the analysis of the market situation and policy background in China, and on a comparison among the relevant aspects of the legal systems of China and other jurisdictions, the book addresses the Chinese legal system for foreign Mandamp;A involving listed companies, including its policy support. The analysis highlights such aspects as the following: and• features and structures of the current Chinese foreign Mandamp;A market; and• China's state-owned enterprise reform and• functions of the Chinese stock market; and• Chinese foreign investment policy; and• components of the Chinese legal system specific to foreign Mand&A; and and• comparative studies of foreign Mandamp;A regulation and experience (US, EU, UK, and Russia) and what may be useful in each for China. The authorand’s detailed recommendations for the improvement of the Chinese legal system primarily concern the regime of state ownership exercise, the establishment of an antitrust scheme, the improvement in the regulation of corporate takeovers, and national treatment of foreign investors under the WTO system. This is in every way a ground-breaking contribution to the literature of international trade law. The authorand’s deeply informed and cogent analysis will be of immeasurable value to policy makers and academics across a range of fields, and the bookand’s practical value to business persons everywhere with an eye on China cannot be overestimated.
Research Paper (undergraduate) from the year 2009 in the subject Business economics - Business Management, Corporate Governance, grade: 1,7, University of Applied Sciences Essen, course: Intercultural Competences, language: English, abstract: The following term paper deals with the topic of managing intercultural aspects in corporate mergers and acquisitions. It focuses on the intercultural aspects of human resistance to change in the PMI phase of corporate mergers. „Those who underestimate or ignore the human factor do so at their peril.“ Over the last two decades mergers & acquisitions are increasingly used to protect and to strengthen the market positions of companies. Due to the continuing globalization of markets, mergers and acquisitions have become a part of daily business. To survive in high competitive markets evermore companies use the possibility to merge or acquire a competitor because this is seen as a relatively fast and efficient method of expanding in new markets and of implementing new technology. In a highly flexible market environment, as it is nowadays, organisations have to be efficient, profitable, future orientated and adaptable to the fast development of the global economy. Otherwise they would not have the option to play a dominant and leading role in their markets. Therefore companies depended on a successful M&A process which is manly influenced by the capabilities and skills of managing and implementing the change effectively, although this is a major challenge. As figure 1 shows, companies are highly aware of financial objectives like the increase of sales or the reduction of costs. It is often the case that companies’ financial prospects seem to be excessively high, which in the end leads to multiple missed objectives and even to entirely failed PMIs. Whereas some cases can be explained by financial or market based reasons, there is noticeable amount based on the neglect of human resource issues. Many companies are aware of these facts and thus conduct well structured analysis to satisfy the needs of their employees and at the same time to reach their strategic and financial goals. Nevertheless, they tend to ignore the “people issues” because these soft factors are difficult to measure quantitatively. As various companies gladly give lip services like “our employees are the most important resource”, divers studies prove that these deliberations play a subordinated role in reality.
This guide takes a detailed look at all aspects of purchasing part or all of a business in China. Written specifically for businesses to understand all the nuances of China M&A, it details the complete regulatory processes involved as well as the differences that arise when handling M&A between private Chinese companies, Chinese State-Owned Enterprises, and Chinese Listed Corporations. It also deals with the acquisition of bankrupt assets and auction procedures. China Briefing's guides are leaders in their field, provide practical and pragmatic legal and tax information for foreign investors in the PRC and are of specific interest to all businessmen, lawyers, accountants, advisors and academics working in this field.
Derived from Kluwer’s multi-volume Corporate Acquisitions and Mergers, the largest and most detailed database of M&A know-how available anywhere in the world, this work by highly experienced partners in the leading international law firm R&P China Lawyers provides a concise, practical analysis of current law and practice relating to mergers and acquisitions of public and private companies in China. The book offers a clear explanation of each step in the acquisition process from the perspectives of both the purchaser and the seller. Key areas covered include: structuring the transaction; due diligence; contractual protection; consideration; and the impact of applicable company, competition, tax, intellectual property, environmental and data protection law on the acquisition process. Corporate Acquisitions and Mergers is an invaluable guide for both legal practitioners and business executives seeking a comprehensive yet practical analysis of mergers and acquisitions in China. Equivalent analyses of M&A law and practice in some 50 other jurisdictions, all contributed by leading law firms, are accessible on-line at www.kluwerlawonline.com under Corporate Acquisitions and Mergers.
