The New Takeover Regulation in China: Evolution and Enhancement

International Lawyer, Vol. 42, No. 1, pp. 153-175, 2008

UNSW Law Research Paper No. 2008-42

24 Pages Posted: 24 Jul 2008

See all articles by (Robin) Hui Huang

(Robin) Hui Huang

Chinese University of Hong Kong - Faculty of Law; 华东政法大学(East China University of Political Sicence and Law); University of New South Wales - Faculty of Law

Abstract

This article examines the recently promulgated takeover regulation by the China Securities Regulatory Commission. Along with other laws and regulations, this new regulation has greatly enhanced China's takeover legal regime both in terms of form and substance. It comes at time when the Chinese economy is undergoing a strategic restructuring process and China's capital markets are at the birth of a new era thanks to the ongoing state share reform. The new regulation brings China's takeover law more closely into line with its counterparts in more developed economies, but it remains to be seen whether it will function in practice as hoped due to some potential problems with the regime. The article both investigates the implications of the new regulation for takeover activities in China, and conducts a critique of China's takeover legal regime from a comparative perspective.

Keywords: takeover, China, comparative, Corporations, China’s takeover legal regime

JEL Classification: K22, K33

Suggested Citation

Huang, (Robin) Hui, The New Takeover Regulation in China: Evolution and Enhancement. International Lawyer, Vol. 42, No. 1, pp. 153-175, 2008, UNSW Law Research Paper No. 2008-42, Available at SSRN: https://ssrn.com/abstract=1151022

(Robin) Hui Huang (Contact Author)

Chinese University of Hong Kong - Faculty of Law ( email )

Shatin, New Territories
Hong Kong
852-39431805 (Phone)
852-29942505 (Fax)

HOME PAGE: http://www.law.cuhk.edu.hk/app/people/prof-robin-huang/

华东政法大学(East China University of Political Sicence and Law) ( email )

1575 Wanhangdu Rd.
Changning, Shanghai 200042
China

University of New South Wales - Faculty of Law ( email )

Sydney, New South Wales 2052
Australia
61-2-9385 9649 (Phone)
61-2-9385 1175 (Fax)

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