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ARTICLE · 31 JANUARY 2018

Recognizing M&A Risks In The Target Country

The biggest difference between cross-border and domestic M&As lies in that the former involves two or more jurisdictions.

ChinaCorporate/Commercial Law

The biggest difference between cross-border and domestic M&As lies in that the former involves two or more jurisdictions. An acquirer of cross-border M&A, therefore, needs to be prepared for an increasing number of, and much more challenging, risks. Having a good understanding of the legal and policy environment in the target country, and in the world, identifying significant potential risks in a timely manner, and implementing proper risk controls accordingly is the precondition to a successful overseas M&A. Key considerations in this regard include, but are not limited, to the following:

Foreign investment review system

After decades of globalization and economic internationalization, many countries/regions have established a policy and legal system for foreign investment review. Explicit provisions are formulated and specialized agencies are designated to undergo foreign investment review procedure. Restrictions on foreign investment are internationally

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