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|| 2012 || A Guide to Mergers and Acquisitions in China ||

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|| 2012 || A Guide to Mergers and Acquisitions in China || Powered By Docstoc
					             || 2012 || A Guide to Mergers and Acquisitions in China ||

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Executive Summary

 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.

 How to capture this good business opportunity? Undoubtedly, this question is looking forward to
being understand for foreign investors. To capture this good business opportunity, it is necessary to
understand a series of questions: The privatization progress of Chinese SOEs and its features; The
new state-owned asset management system and structure; The legal base of emerging privatization
of SOEs and its features; The procedures for ownership transformation of SOEs; How state property
of enterprises to be transacted at the property trade markets? The holders of state property at the
different levels—Who have the authorities to sell out the SOEs? The legal base and qualifications of
foreign investors to purchase and merge the Chinese SOEs; The procedures and methods of
transaction for state property at the property trade markets; How foreign investors to purchase and
merge the Chinese SOEs at the property trade markets? What significant questions should be
considered to purchase and merge SOEs for foreign investors? This report, based on the latest
regulations and policies, provides the detailed discussions step by step, and guides foreign investors
to purchase and merge the Chinese SOEs.
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

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