China's New Regulation on Foreign M&A: Green Light or Red Flag?

University of New South Wales Law Journal, Vol. 13, No. 2, pp. 30-36, 2007

11 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

Date Written: July 23, 2008

Abstract

There has been an ongoing surge of cross-border M&A activity in China since its WTO accession. This has prompted the Chinese government to reform its legal regime by promulgating the Provisions on the Takeover of Domestic Enterprises by Foreign Investors on 8 August 2006 (2006 Foreign M&A Regulation). This paper considers the central features of this newly introduced 2006 Regulation and then analyses the factors responsible for its adoption. It also examines the possible implications it will have for foreign M&A transactions in China, which includes a discussion on the problems with the enforcement of this regulation and a proposal for improvement.

Keywords: M&A, foreign investment, China

JEL Classification: K22, K33

Suggested Citation

Huang, (Robin) Hui, China's New Regulation on Foreign M&A: Green Light or Red Flag? (July 23, 2008). University of New South Wales Law Journal, Vol. 13, No. 2, pp. 30-36, 2007, Available at SSRN: https://ssrn.com/abstract=1173062

(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
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61-2-9385 1175 (Fax)

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