Proceedings of the 2021 3rd International Conference on Economic Management and Cultural Industry (ICEMCI 2021)

Research on the Role of Chinese Board of Directors in Anti-hostile Takeover

A Case Study of Vanke Acquisition

Authors
Siyi Li1, *, , Yixuan Song2, , Yuechen Wang3,
1Law school, Shanghai University of International Business and Economics, Shanghai, China
2Law school, Ningbo University, Ningbo, Zhejiang, China
3The High School Affiliated to Renmin University of China, Beijing, China

These authors contributed equally.

*Corresponding author. Email: 119020036@suibe.edu.cn
Corresponding Author
Siyi Li
Available Online 15 December 2021.
DOI
10.2991/assehr.k.211209.142How to use a DOI?
Keywords
Anti-hostile takeover; Board of directors; Distribution of power
Abstract

This paper discusses the board of directors’ position in preventing malicious takeover from the perspective of internal right distribution and institutional structure of Listed Companies in China and compares China’s company law with British and American company law. The first part of the article describes the current situation of hostile takeover in China combined with the equity dispute between China Vanke Co., Ltd. and Baoneng Investment Group Co., Ltd., and points out that the board of shareholders is generally superior to the board of directors in China. The second part explains that the occurrence of hostile takeover in China is due to the lag of China’s existing laws, the incompatibility of China’s transplantation of foreign company law system, and the underdeveloped concept of corporate autonomy. In the third part, this paper puts forward some suggestions on strengthening the function of the board of directors, establishing an anti-hostile takeover committee, and drawing lessons from the British and American board system.

Copyright
© 2021 The Authors. Published by Atlantis Press International B.V.
Open Access
This is an open access article under the CC BY-NC license.

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Volume Title
Proceedings of the 2021 3rd International Conference on Economic Management and Cultural Industry (ICEMCI 2021)
Series
Advances in Economics, Business and Management Research
Publication Date
15 December 2021
ISBN
978-94-6239-483-4
ISSN
2352-5428
DOI
10.2991/assehr.k.211209.142How to use a DOI?
Copyright
© 2021 The Authors. Published by Atlantis Press International B.V.
Open Access
This is an open access article under the CC BY-NC license.

Cite this article

TY  - CONF
AU  - Siyi Li
AU  - Yixuan Song
AU  - Yuechen Wang
PY  - 2021
DA  - 2021/12/15
TI  - Research on the Role of Chinese Board of Directors in Anti-hostile Takeover
BT  - Proceedings of the 2021 3rd International Conference on Economic Management and Cultural Industry (ICEMCI 2021)
PB  - Atlantis Press
SP  - 874
EP  - 879
SN  - 2352-5428
UR  - https://doi.org/10.2991/assehr.k.211209.142
DO  - 10.2991/assehr.k.211209.142
ID  - Li2021
ER  -