Premium Essay

Impact of Chinese Regulations in the Cas of an M&a

In:

Submitted By chrismania07
Words 1866
Pages 8
THE INFLUENCE OF CHINESE REGULATIONS IN THE CASE OF MERGERS & ACQUISITIONS

INTERNATIONAL GOVERNANCE
CASE STUDY: MERGERS & ACQUISITION OF THE CHINESE CHIP PRODUCER TRAN SIST

KLAUDIA BRUDLO CHRISTOPHER GÖLLNITZ GABRIEL BÖHM

REIMS, 10/03/2013

Introduction and general regulation Since China became a member of the World Trade Organization in 2001 several steps have been taken by the Chinese government to move towards a market- oriented economy. For that reason the amount of foreign investment in China continues to grow. There is a vast number of laws and regulations, therefore the possibility to conduct Mergers and Acquisitions in China should be carefully considered and analyzed. Generally we can say that the actions required depend on the industry sector in which foreign investments are made. For that reason we have to consider the so called “Catalogue for the Guidance of Foreign Investment” which is issued by the NDRC and MOFCOM. Ranging from “encouraged”, “permitted”, “restricted” or “prohibited” investments we can identify our industry sector as an encouraged one1. So, in our case there are several available forms of foreign acquisition, but we will focus on just three legal ones which appear most frequently and will be introduced later. Regardless of the chosen legal form, a common set of prerequisites must be met. The following figure displays these requirements in the order of realization.
Local Administration of Industry and Commerce (AIC) Authority responsible for registration and licensing on a provincial level

Pre-approval of the company’s name.

National Development and Reform Commission (NDRC)

Similar Documents

Premium Essay

Dry Fruit

...Compare China and Japan in Accounting Standard and Recent Events, Which country is drifting further from Confucianism Introduction Chinese and Japanese accounting system has been influenced by Confucianism long time ago, but Bloom and Solotko(2003) proposed that because of the role of the government in the accounting system, both countries China and Japan has went far away from the Confucianism. In this report, the researchers will compare the accounting regulation and corporate governance in both countries, and get the conclusion which country is drifting further from the Confucian origins. This report has been divided into four parts. The first part will talk about the definition of the Confucianism and the implication of the Confucianism to both countries China and Japan. The second part is going to discuss the relationship between China accounting system and Confucianism; the third part will focus on the relationship between Japan accounting system and Confucianism. The last pat will compare the two accounting systems, and meanwhile get the conclusion which country has went further from the Confucianism. Definition of Confucianism Confucianism was founded by Confucius who is the Chinese philosopher and the first raised the Master of Ceremonies. The master of ceremonies gradually developed into the ideological system, which the core is the benevolence, and it’s in the hierarchical structure of society over 2000 years (XingZhong 2000). It exerts a far-reaching...

Words: 2907 - Pages: 12

Premium Essay

The Analysis on the Development of Chinese Mainland Banking Industry Internationalization

...The analysis on the development of Chinese Mainland banking industry internationalization Table of Content Introduction 3 1.0 Analysis on capital management based on Basel III 3 1.1 Potential risk determinants 3 1.1.1 CRAR based on Basel III 3 1.1.2 NPL perspective 4 1.1.3 Internal risk control system 4 1.1.4 The fund sourcing exploration through finance innovation 5 1.2 The risk identification 5 1.2.1 Risk of local government financial platform 5 1.2.2 NPL and Due Diligence Investigation 5 1.2.3 Risk of lending to SMEs and Derivative Deposit problems 5 1.2.4 Risk of collateral assets auctions 6 2.0 Analysis on internationalization of operation overseas 6 2.1 Key factors identification and comparison 6 2.1.1 Operation efficiency on ROA and ROE perspective 6 2.1.2 Operation scale and scope 7 2.2 Government potential influence on policies and regulation 8 2.3 Challenge and Risk based on the analysis 8 2.3.1 Strategic partnership with developed bank 8 2.3.2 Human Resource management 8 3.0 Analysis on internationalization of interest rate liberalization 8 3.1 Government potential influence on policies and regulation 9 3.2 Comparison between Chinese Mainland banks and HSBC 9 Conclusion 9 Appendices 11 Reference 13 Introduction From 2013, the trend of catching up with international standard and increasing Chinese banking competitiveness is under the agenda of PBOC through the frequent policies transformation...

Words: 2792 - Pages: 12

Premium Essay

Transactional Leadership

...Discuss the reasons behind the current enthusiasm for transformational leadership and comment upon the adequacy of the theory Introduction On the threshold of the 21st century, organizational strategy highlights the importance of the effective utilization of knowledge and human resources (Ying, Ken and Ting, 2012). To compete in such circumstances with the rapid diffusion of information, organizations must improve employees’ professional skills and knowledge to maintain their competitive advantage to some degree. In this case, understanding the effectiveness of leadership is crucial. The evolution of leadership theories have generally transited from a stage that focused on personal features to the next, which is more dependent on the interaction between leaders and subordinates. Recently, leadership research has accentuated the effectiveness of transactional and transformational leadership (Tyssen, Wald and Heidenreich, 2014). Compared with transactional leadership, some scholars have argued that transformational leadership could result in a higher level of work engagement in a dynamic environment (Brief and Weiss, 2002). However, although transformational leaders could bring positive affect on employers’ behavior in several aspects and could also instigate a collaborative work environment, it is possible for employers to become over-reliant on them. In addition, it is undeniable that cultural values will have a pervasive influence on different aspects of management and...

Words: 3442 - Pages: 14

Free Essay

To What Extent the Role of the People's Mediation Committees in China Now Is Still Significant When Some Cities Tend to Modernize and Others Tend to Conserve Traditionalism?

...involves a neutral third party, called a mediator, to help the disputing parties to reach an agreement. Mediation in China has been existed in China for more than 2,000 years. It was used in the Western Zhou Dynasty (1146 BC-771 BC) and then used during the Qin Dynasty (221 BC-207 BC). There was always a preference for mediation throughout all the history of Imperial China. The mediation system and the legal system were developed together after the establishment of the People's Republic of China in 1949. People's Mediation Committees appeared during this period, helping local people to resolve civil disputes and to preserve harmony in the society. However, the Mao's economic reforms have brought some physical and social changes of the Chinese cities. Reforms...

Words: 3644 - Pages: 15

Premium Essay

Sdddwdwdwdwdwd

...ConvergenceDivergence Debate By Yongsun Paik Irene Hau-Siu Chow Charles M. Vance In the face of globalization, scholars continue to debate about whether a convergence in human resources practices will prevail, or a trend of divergence perspective will persist. Building on institution theory, this article helps to explicate this debate by examining how globalization may interact with different dimensions of local institutional forces to lead to convergence, divergence, or crossvergence Correspondence to: Yongsun Paik, PhD, Professor of International Business & Management, Department of Management, Hilton Center for Business, Loyola Marymount university, One LMu Dr., Los angeles, Ca 90045-2659, 310.338.7402 (phone), 310.338.3000 (fax), yspaik@lmu.edu. Published online in Wiley Online Library (wileyonlinelibrary.com) © 2011 Wiley Periodicals, Inc. • DOI: 10.1002/tie.20440 648 f e a t u r e a r tI C l e in international HRM practices for enhanced performance. We also present useful propositions for guiding future empirical research and theory development on the interaction between globalization and different forms of local institutional forces, which in turn influence the formation of successful international HRM practices. © 2011 Wiley Periodicals, Inc. Int r o d u c t i o n N otwithstanding the current worldwide economic crisis, the globalization of business is increasing at an unprecedented rate, and its impact on the management of human resources (HR) has become critical...

Words: 9037 - Pages: 37

Premium Essay

Industrialization of America

...were also changes that caused fear and harm to others. Between 1880 and 1920, roughly 25 million people came to the United States. America promised economic opportunity and freedom. Many came planning to only stay long enough to acquire money to have a better life in Europe. Many of these immigrants made their way to the Midwest and Northeast to work. American had a tight labor market and many immigrants had limited knowledge of English, education, and work skills. They faced discrimination in the work place from workers who didn’t care for the immigrants need to accept lower wages and work in horrible conditions. The Chinese were one of the groups that faced discrimination to the point they were taxed to mine for gold during the Gold Rush. The tax was specifically for any “foreign miners” (Schultz, 2013). The Chinese Exclusion Act of 1882 prevented the Chinese from becoming citizens and migrating for 10 years. Indians were persecuted as outsiders, they suffered from racism. The violence between the Indians and white Americans increased during the Civil War. There were several Indian wars that occurred in the 1800’s. Urbanization of the west began to take place and the Indian Removal Act was passed, furthering the Native Americans struggle for domination. New Urban areas started sprouting up and cities growing with factories, mills, and other...

Words: 921 - Pages: 4

Premium Essay

Knowledge of Culture and Politics as Critical Success Factors

...(Student no: 20131241445) UiTM Programme Code : BM 995 (Doctor of Philosophy in Business Management) Course Code : MGT 950 (Global Strategic Sustainable Management) Assignment 3: Theoretical Paper Lecturer : AP Dr Roshidi Hassan ABSTRACT Business life in the new millennium is becoming increasingly global. The concepts of globalization apply to both large multi-national corporations as well as to local organizations. Knowledge of local culture and politics has become critical success factors (CFSs) for multi-national corporations in their effort for global expansion. Thus in enhancing the success of managing international business (IB) managers must have knowledge of local cultures and political situations. Research on the impact of local culture and political stability on successful management of international business has become of interest only recently due to globalization process. The paper reviews several literatures that try to prove that knowledge of culture and political situation as CFSs for the success of managing international business. Keywords: Critical Success Factors (CFSs), Knowledge, Culture, Politics, International Business, Success. Knowledge of Cultures and Politics as Critical Success Factors in Enhancing Managers Success in Managing International Business Introduction Globalization and international market development are phenomenon that allows industries to expand their market share. Thus, the expansion of industries into international...

Words: 3533 - Pages: 15

Premium Essay

Decision Sciences Research in China

...Decision Sciences Volume 38 Number 1 February 2007 Journal compilation C C 2007, The Author 2007, Decision Sciences Institute Decision Sciences Research in China: Current Status, Opportunities, and Propositions for Research in Supply Chain Management, Logistics, and Quality Management∗ Xiande Zhao Department of Decision Sciences and Managerial Economics, Chinese University of Hong Kong, Shantin, NT Hong Kong, e-mail: Xiande@baf.msmail.cuhk.edu.hk Barbara B. Flynn† Kelley School of Business, Indiana University, 801 W. Michigan St., BS 4010, Indianapolis, IN 46033, e-mail: bbflynn@iupui.edu Aleda V. Roth Department of Management, College of Business and Behavioral Sciences, Clemson University, 343A Sirrine Hall, Clemson, SC 29634, e-mail: aroth@clemson.edu ABSTRACT As China becomes increasingly important to the global economy, it is critical to conduct high-quality research on important decision sciences issues there. This article provides an extensive review and critique of the extant China-based literature on supply chain management, logistics, and quality management, based on the foundation established by Zhao, Flynn, and Roth (2006). In general, decision sciences research in China is in its infancy. Although there have been some very interesting and well-executed articles, the majority are descriptive and focus on status updates. We provide a set of propositions to guide future research in logistics, supply chain management, and quality management in...

Words: 18592 - Pages: 75

Premium Essay

Mkt 450- International Marketing Week 5 Individual

...Ethical Issues Riordan Manufacturing expansion to China. Eva MKT-450 February 6, 2013 Instructor: Charles Riordan Manufacturing Expansion to China Riordan Manufacturing Company focuses in development and licensing of its polymer patents and plastics headquartered in San Jose, CA. One of its top selling products is a plastic beverage container, which is manufactured in one of the company’s plant in Albany, Georgia. Because of the success in the United States, Riordan Manufacturing has decided to expand to Hefei China, which is considered the fastest growing city of China with a promise of financial stability to new companies according to China-Briefing, 2010. China is a good market because of the rapid economy growth and stability seen in the last years where China’s imports consisted of 30 % of them to United States, Hong Kong, Japan and other Asian countries (Amadeo, 2013). Riordan counts with a list of clientele in the United States consisting of department of defense, auto and aircraft parts manufacturers, appliance manufacturers and beverage bottles. Outstanding service and quality defines Riordan, therefore, great concern for up coming ethical issues with the expansion to China has come up. What is described as the performance of business activities relating to product planning, pricing, promoting and place being marketing. In contrast to marketing difference in definition comes in the term international marketing relating to the goal of direction of the flow of...

Words: 1427 - Pages: 6

Premium Essay

Entry Modes

...University of Glasgow Adam Smith Business School International Business & Entrepreneurship Research Method MGT 5174 A Comparative Study of Entry Modes Adopted by Sainsbury’s and M&S in China Based on Resource-based View Theory Yuyu Xiong 2203873 07/24/2016 Word Account: 3013 Table of Contents 1. Introduction……………………………………………………………………..…3 1.1 Background ………………………………………………………………..…3 1.2 Research Questions …………………………………………………………..3 1.3 Research aim and objectives………………………………………………… 4 2. Literature Review ……………………………………………………………..….4 2.1 Timing ………………………………………………..…..4 2.2 Scale of Entry ………………………………..…..……5 2.3 Steps taken before choosing entry modes………………………………..…. 2.4 Entry Modes……………………………….……………………………..…. 2.5 Factors that influence the choice of entry mode…………………………..…. 3. Methodology…………………………………………………………………..….6 3.1 Research philosophy………………………………………………….………6 3.2 Research approach……………………………………………………………7 ...

Words: 3482 - Pages: 14

Premium Essay

Corporate Responsibility and Marketing Strategies

...here. The abstract is typically a short summary of the contents of the document.] Apple Corporation is a computer company that sells consumer electronics and computer hardware/software. It was started by three men; Steve Jobs, Steve Wozniak and Ronald Wayne in Cupertino,CA. They wanted to make and sell personal computers. Later, Ronald Wayne sold his Share to Steve Jobs and Steve Wozniak. Back then, it was a very risky investment and too much of a risk for Ronald Wayne. Now, Apple is one of the biggest computer companies in the world. Today they are said to be worth around $705 Billion (Finger, 2013). It has very loyal customers that trust and buy only Apple products. This is because it is a company/product well known for its quality electronics. Despite its rather high prices, people will wait in line and pre-order Apples’ “Next big thing”. This company is well respected and well known. It must adhere to ethical business practices by being a socially responsible business. This paper will examine Apples’ current position as a socially responsible business. We will start by determining if Apple meets the standards it has made for itself as well as legal standards. Then we will take a look at the impact of supplier violations of Apples’ ethical and social responsibility policy and discuss ways to ensure fewer violations in the future. After establishing ways to regulate and implement more cooperation from suppliers, we will analyze Apples’ current marketing strategy and determine...

Words: 1271 - Pages: 6

Premium Essay

Marketing

...Issues in PPQ Part’s Expansion Plan Student’s Name Course No Course Name University Name Instructor’s Name Date Host Foreign Country’s Concern in Expansion Plan Foreign nations faces various obstacles in adoption of new business ranging from infrastructural issues of technological advancement, network problem, lack of skilled resources, etc; investment issues in inter-organization communication, network establishment, etc; security and privacy issues of customer information in transaction; government regulations for legal protection of consumer rights; logistics issues of distribution; lack of physical and social interaction in virtual environment for purchase; and returning policy of traders (OECD, 2004). Although infrastructure and deregulation governs the success of commerce, transactional trust is mandatory for encouraging the participants to pursue the shopping from foreign firms (Oxley & Yeung, 2001). Socio-cultural characteristics of these countries also raises concern of institutional trust in the new business as substitute for social milieu lacking in personal touch or localization of product (Efendioglu, Yip, & Murray, 2004). Temporal and spatial separation requires radical shift in consumer pattern to create trust between parties involved in transaction occurring in trading based on agreed contract. Delivery of products to the increasing number of customers in new system brings challenges for seller to keep the promises of order fulfillment...

Words: 2164 - Pages: 9

Premium Essay

Biggest M&a Deals of India

...M U M B AI SILICON VALLEY BANGA LORE SINGA P ORE MUMBA I BK C NE W DE L HI MUNICH Mergers & Acquisitions in India May 2015 © Copyright 2015 Nishith Desai Associates www.nishithdesai.com Mergers & Acquisitions in India About NDA Nishith Desai Associates (NDA) is a research based international law firm with offices in Mumbai, Bangalore, Silicon Valley, Singapore, New Delhi, Munich. We specialize in strategic legal, regulatory and tax advice coupled with industry expertise in an integrated manner. We focus on niche areas in which we provide significant value and are invariably involved in select highly complex, innovative transactions. Our key clients include marquee repeat Fortune 500 clientele. Core practice areas include International Tax, International Tax Litigation, Litigation & Dispute Resolution, Fund Formation, Fund Investments, Capital Markets, Employment and HR, Intellectual Property, Corporate & Securities Law, Competition Law, Mergers & Acquisitions, JVs & Restructuring, General Commercial Law and Succession and Estate Planning. Our specialized industry niches include financial services, IT and telecom, education, pharma and life sciences, media and entertainment, real estate and infrastructure. Nishith Desai Associates has been ranked as the Most Innovative Indian Law Firm (2014) and the Second Most Innovative Asia - Pacific Law Firm (2014) at the Innovative Lawyers Asia-Pacific Awards by the Financial Times - RSG Consulting...

Words: 23805 - Pages: 96

Premium Essay

Macro-Environment Factor in Emerging/Developing Market

...political, cultural and economic differences) for an international business when choosing to internationalise into an emerging/developing market? Discuss any international business concepts or theories that could be used to help justify your answer. In the past few decades internationalisation has been a phenomenon in being a main subject in international business research. Globalisation has allowed countless commercial opportunities to occur over the border of their national country by maintaining competition and the continuing growth of international firms (Tikhonova, 2012). In foreign countries, legal and political systems as well as the economy are essential to have knowledge in as it explains how political systems, laws and regulations and economic differences affect international business opportunities. Although these factors are vital in understanding the foreign environment, it is not as broad as culture. Culture is a factor that includes several aspects that range from different dimensions which on a broad level includes linguistic, regional, religious and ethnic dimensions (Reference for Business’s website, 2014). Fundamentally for an international firm to endure success in emerging markets it is relevantly important to have full understanding of consumers and their cultural differences. In order for a firm to reach their full potential and succeed in an emergent market they need to have the ability to adjust and connect to the markets within, in which can be effectively...

Words: 1834 - Pages: 8

Premium Essay

Fdi in America and China

...Executive summary. The greenfield FDI is a form of direct investment where a parent company starts a new business in a foreign country by setting up new operational facilities. In addition to building new facilities, most parent companies also create new long-term jobs in the foreign country by hiring new employees. In order to decide which country is better for ‘greenfield’ foreign direct investment via sole ownership, the advantages and disadvantages of the countries should be considered. For example, China is a developing country, and during the past 30 years, China’s rapid economic development shows that China has a strong power in developing economic. In recent decades, China stays on one of the leading positions in direct investment and therefore a lot of investments to this country are considered to be profitable for any company or investor. The reasons are simple: the growth of the economy and a large number of different projects. Foreign direct investment in China, due to stable growth potential of the economy and a huge production resources, aimed at both the external and the internal market.The innovative ability is a great attraction for investment managers around the world. In contrast, a lot of foreign investors had chosen China for investment and this resulted in a very big competition. Nevertheless, USA is a successfully developed country. And its economy is the top one in the world. As the most important country in the first world countries, the USA...

Words: 5010 - Pages: 21