CSRC releases new M&A rule By Fei Ya (China Daily) Updated: 2006-08-03 08:44 Investors holding more than 30 per cent of a
listed company will no longer be required to offer to buy all of its shares
under a new rule aimed at encouraging more takeovers in the equity market.
The new rule, effective from September 1, was released by the China
Securities Regulatory Commission (CSRC) late on Monday and is expected to give
more options to acquirers, reduce takeover costs and increase takeover
efficiency.
Under the country's current rule issued in 2002 , if a company is to buy a
share of over 30 per cent in a listed company it must make an offer for all
outstanding shares unless it gets an exemption from the CSRC. The rule has
thwarted many potential acquisitions of listed companies.
The new rule, by releasing investors from buying all outstanding shares when
taking control of a listed company, will establish a more flexible tender offer
system, providing the acquiring company with more options.
"It will certainly lead to more mergers and acquisitions of public
companies," said Zuo Xiaolei, chief economist with Galaxy Securities.
The rule also stipulates that investors taking control of 5 per cent of a
listed company are required to make a public announcement; and if an investor
holds a stake of over 20 per cent it should make a detailed disclosure of its
financial status.
"By increasing the acquirer's transparency, it (the rule) will protect the
interests of small investors," the CSRC statement said.
"Mergers and acquisitions can effectively strengthen listed companies'
competitiveness and increase their value," it said.
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