法律审慎性调查与并购中的投资风险控制

Diligent and Legal Investigation and Investment Risk Control in the Foreign Mergers

进入21世纪以来,并购已成为跨国投资的主要方式,我国也成为外资并购人日益关注的并购市场。但并购存在风险,尤其是在我国有关并购的法律法规尚不健全的情况下,外资并购人在我国将面临比在欧美并购市场中更多的投资风险。在可行的范围内将并购中的投资风险降至最低,必须借助法律审慎性调查的手段。

Merger ＆ Acquisition has become the major means of overseas investment since the entry into 21st century. Our country is also becoming one of important M＆A markets in the world. However, M＆A is always accompanied with risks, especially in our country where the laws and regulations pertaining to M＆A are not sound and sane, thus foreign investors are facing more investment risks in Chinese M＆A market than those in European and American M＆A markets. Therefore, in order to minimize the investment risks to the feasible extent, it is necessary to resort to legal due diligence.