dc.description.abstract | Mergers and acquisitions (abbreviated M&A) is an aspect of corporate strategy that can help an enterprise grow rapidly. Enterprises might inevitably encounter the issues of mergers and acquisitions by other corporate at the same time. The M&A activity has very long history and it is very popular in both Europe and the United States, the standard of the laws is well developed in these countries as well. In compare to the M & A cases in foreign counties, there is still a learning and improving space for the government to reconsider relevant regulations and make proper regulations to safeguard the transaction.
When the business owner faces the issue of M&A, he should carefully exam whether the condition of M & A is fair, reasonable, and if there is an objective analysis report for stockholders to make a decision. These factors are the keys in success of M&A transaction. In addition, the business owner should carefully exam if the M&A transaction is involving an illegal monopoly or unreasonable competitive behavior before he makes the decision. In the process of M&A transaction, the business owner should take the best interests of the entire company in fulfill his fiduciary duty as a Board Director to all the shareholders, rather than favoritism for himself.
In summary, as a business owner and an in-house counsel of the corporate, they are not only need to follow the above in running the business but also need to strengthen the management as the foundation of the corporate. When they face M & A issues, the only solution is calmly deal with the challenges by implement the corporate governance. | en_US |