摘要
资产重组是中国上市公司走出经营困境、扭亏为盈,从而“脱帽”的最常用的自救策略。但伴随着市场运行,我国上市公司的资产重组行为存在着许多违法违规的现象。因此,我国证监会从2008年开始对上市公司的资产重组行为加强了监管之后,每年都有上市公司的重组申请因各种原因被否决。如新疆TS公司的重组方案在一年内连续两次被证监会否决,不予核准通过。虽然上市公司的资产重组方案被证监会否决,已属于比较常见的情况,但像TS公司这样在短时间内其重组方案连续两次被证监会否决,在我国证券市场上比较罕见。文章以此为例对其资产重组的过程进行梳理和探讨并提出相应的解决措施。
Asset restructuring is the most commonly used self rescue strategy for Chinese listed companies to get out of business difficulties,turn losses into profits,and thus remove their cap.But with the operation of the market,there are many illegal behaviors in the asset restructuring of Chinese listed companies.Therefore,since 2008,the China Securities Regulatory Commission has strengthened the supervision of the assets reorganization of the listed companies.Every year,the restructuring application of the listed company has been rejected for various reasons.If Xinjiang TS's restructuring plan is rejected by the CSRC two times in a year,it will not be approved.Although the assets reorganization plan of the listed company has been rejected by the SFC,it has been a relatively common situation.But in a short time,such as TS company,its reorganization plan has been rejected two times by the SFC,which is rare in the securities market of our country.Taking this as an example,this article combs and explores the process of asset restructuring,and puts forward the corresponding solutions.
