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China Law Insight

Tag Archives: M&A

Xu Ping, partner at King & Wood Mallesons, nominated as the Top 10 M&A Lawyers in China for 2017

Posted in Uncategorized

By King & Wood Mallesons

On March 20th, 2017, Xu Ping, partner at King & Wood Mallesons (KWM), was named one of the Top 10 M&A Lawyers in China for 2017 by Asian Legal Business (ALB) for her exceptional work in cross-border M&A transactions and the high praise and recognition she received from her clients. The list was compiled on the basis of various factors, including the significance of the M&A deals such candidate has advised on (as lead counsel) in the past 12 months, the representative and influential clients for whom such candidate represented, and the accolades an… More…/更多

CROSS-BORDER M&A – 2016 CHECKLIST FOR SUCCESSFUL ACQUISITIONS IN THE UNITED STATES

Posted in Corporate, Mergers & Acquisitions

By WACHTELL, LIPTON, ROSEN & KATZ and KING & WOOD MALLESONS

Global M&A volume in 2015 exceeded $5 trillion, an all-time high. Booms inevitably raise questions about their sustainability, and it remains to be seen how long this one will last, but as of this writing M&A shows no signs of slowing.

Last year’s volume exceeded 2014’s by $1.4 trillion, as well as the prior 2007 record. One-third of the 2015 volume represented cross-border deals, approximately 40% of which ($637 billion) involved U.S. companies. Incoming deals to the United States were valued at $433 billion… More…/更多

The importance of cyber due diligence in M&A transactions

Posted in Global Network

By Cheng Lim and James Walsh, King & Wood Mallesons

The number of M&A transactions in 2015 has hit record highs, with volumes expected to increase by 11% from 2014, according to Bloomberg. Indeed, one of the hottest areas for M&A activity has been cybersecurity companies, with deals including AVG Technologies’ acquisition of Privax and Blue Coat systems’ acquisition of Perspecsys.

Cybersecurity is one of the top five business risks identified by major corpo­rates, particularly those in retail, health, and technology. Every day, we read of a new data breach somewhere i… More…/更多

Reforming Australia’s competition landscape

Posted in Global Network

By Sharon Henrick, King & Wood Mallesons’ Sydney Office

Australia’s competition policy framework and laws are currently undergoing a wide-ranging review – the first comprehensive independent review of Australia’s competition framework since 2003. We explain the key developments and recommendations to date.

Background

In its 2013 election campaign, the Coalition of Australia’s Liberal and National political parties proposed a ‘root and branch’ review of competition laws in Australia within its first 100 days of government.… More…/更多

U.S. UPDATE – 2015 Checklist for Successful Acquisitions in the U.S.

Posted in Global Network

Contributed by: Wachtell, Lipton, Rosen & Katz (New York) and King & Wood Mallesons (Beijing)

M&A was robust in 2014, hitting several noteworthy post-crisis high-water marks: total global volume reached US$3.5 trillion, cross-border volume reached US$1.3 trillion (37% of the total) and cross-border M&A involving U.S. companies reached US$770 billion (45% of which was incoming). Acquirors from Germany, France, Canada, Japan and the United Kingdom accounted for 67% of the incoming acquisitions into the U.S., and acquirors from China, India and other emerging econ… More…/更多

Cross-Border M&A – Checklist for Successful Acquisitions in the U.S.

Posted in Corporate

By WACHTELL, LIPTON, ROSEN & KATZ:Adam O. Emmerich Robin Panovka David A. Katz;King & Wood Mallesons:Wang Kaiding  Jing Gang  Wang Lianghua

More than 40% of global M&A in 2012 involved acquirors and targets in different countries, including $170 billion of acquisitions in the U.S. by non-U.S. acquirors. Given the continuing accumulation of U.S. Dollars in emerging economies, many expect the trend to continue as Dollars are re-invested in the U.S. Natural resources will continue to be an important part of this story, including in the U.S., where substantial non-U.S… More…/更多

Cross Border Transactions– How Many Hardships does China Need to Overcome?

Posted in Corporate, Mergers & Acquisitions

By Rupert Li  King & Wood Mallesons

People frequently observe the cultural barriers which the Chinese companies find difficult to overcome in relation to China’s nascent outbound investment program.  Since China is culturally and politically different from the mainstream trading countries, an attribution of the anguish on both sides of the negotiation table to cultural barriers is indeed tempting but often misplaced.  Any professionals operating in places other than in the rule setting non Anglo-American jurisdictions always have war stories to share with their colle… More…/更多

Overview of Doing Business in China

Posted in Foreign Investment, Intellectual Property

By Zeng Xianwu King & Wood’s Foreign Direct Investment (FDI) Group

Since the reform and opening-up policy was introduced in 1978, especially in the past ten (10) years, the People’s Republic of China (the "PRC" or "China") has undergone significant changes.  China is a growth engine for the worldwide economy, fueling global expansion via higher output and trading relationships with other nations as well as greater contributions from domestic consumption.  Over last nine (9) months of 2011, China has already attracted contractual i… More…/更多

证监会发布五个并购重组法律适用意见

Posted in Corporate, Mergers & Acquisitions, Restructuring & Insolvency, Securities

金杜律师事务所破产、重组和清算

中国证监会于2011年1月发布了5个并购重组法律适用意见,内容包括上市公司严重财务困难认定、要约豁免申请条款选用、二级市场收购的完成时点、拟购买资产存在资金占用问题、上市公司在12个月内连续购买、出售同一或者相关资产的有关比例计算等。

中国证监会有关部门负责人表示,这些法律适用意见就市场参与主体对《上市公司收购管… More…/更多

Core Intellectual Property Issues in M&A and Investment (Part II of II)

Posted in Intellectual Property

By Miao Qu of King & Wood’s Intellectual Property  Group

This article continues to discuss Core Intellectual Property Issues in M&A and Investment. The first part of this article was published on Chinalawinsight on September 2011.

V. The Effect of the M&A on the IP Rights Agreements of the Acquiree

During the due diligence in a merger, special attention should be paid to the effect of the investment or merger on the intellectual property rights of the acquiree, especially the effect on license contracts. Two common problems are when the acquisition t… More…/更多

投资并购交易中需要警惕的知识产权问题(二)

Posted in Intellectual Property

作者:瞿淼 金杜律师事务所知识产权组  

本文分两部分刊登, 2011年8月8日金杜法律博客(Chinalawinsight)刊登的了本文的第一部分。文章第二部分将继续对《投资并购交易中需要警惕的知识产权问题》进行解读。

五、并购行为对被收购方知识产权相关协议的影响

 在投资并购的尽职调查过程中,还需要特别注意投资及并购行为对一些知识产权权利可能产生的影响,尤其是… More…/更多

《商务部实施外国投资者并购境内企业安全审查制度的规定》:外资境内并购管理正式走上法律层面

Posted in Mergers & Acquisitions

作者:张毅 金杜律师事务所公司组

2011年8月25日,商务部公布了《商务部实施外国投资者并购境内企业安全审查制度的规定》(下称“规定”),并将于2011年9月1日正式实施。《规定》表示,凡属于上述安全审查范围的企业,外国投资者应向商务部提出并购安全审查申请。对属于并购安全审查范围的并购交易,由商务部在15个工作日内书面告知申请人,并在其后5个工作日… More…/更多

China Enhances the Legal Administration and Security Review of Inbound M&A Transactions

Posted in Mergers & Acquisitions

By Zhang Yi of King & Wood’s Corporate Group

On August 25, 2011, the Ministry of Commerce (MOFCOM) promulgated the Provisions on Implementation of Security Review System Regarding Mergers and Acquisitions of Domestic Enterprises by Foreign Investors ( “Provisions”), which will become effective on September 1, 2011. The Provisions state that foreign investors must file an application for security review with MOFCOM for merger and acquisition (“M&A”) transactions that fall within the scope of security review. If a given M&A transactio… More…/更多