M&A là tên viết tắt của cụm từ tiếng Anh Mergers (Sáp nhập) và Acquisitions (Mua lại). M&A là hoạt động giành quyền kiểm soát doanh nghiệp thông qua hình thức sáp nhập hoặc mua lại giữa hai hay nhiều doanh nghiệp để sở hữu 1 phần hoặc toàn bộ doanh nghiệp đó.
- Mergers (sáp nhập): là hình thức liên kết giữa các doanh nghiệp thường có cùng quy mô với nhau để tạo ra một doanh nghiệp mới. Công ty bị sáp nhập chuyển toàn bộ tài sản, quyền, nghĩa vụ và lợi ích hợp pháp sang công ty nhận sáp nhập, đồng thời chấm dứt sự tồn tại của công ty bị sáp nhập để trở thành một công ty mới.
- Acquisitions (mua lại): là hình thức kết hợp mà doanh nghiệp lớn sẽ mua các doanh nghiệp nhỏ và yếu hơn, các doanh nghiệp bị mua lại này vẫn giữ tư cách pháp nhân cũ và doanh nghiệp mua lại sẽ có quyền sở hữu hợp pháp đối với doanh nghiệp mình mới mua.
Các quy định pháp luật điều chỉnh hoạt động M&A
- Hoạt động M&A tại Việt Nam được quy định chủ yếu tại Bộ luật Dân sự năm 2015, Luật Doanh nghiệp năm 2020, Luật Cạnh tranh năm 2018, Luật Chứng khoán năm 2019, Luật Đầu tư năm 2020 và phù hợp với các cam kết quốc tế liên quan đến hoạt động M&A mà Việt Nam là thành viên. Do tính chất phức tạp của M&A mà pháp luật về M&A không chỉ điều chỉnh các vấn đề về sở hữu hay quản trị DN mục tiêu, mà còn đề cập đến các vấn đề liên quan như: đăng ký thay đổi chủ sở hữu DN, đăng ký về thủ tục M&A, các nghĩa vụ về thuế, xác định giá trị DN mục tiêu, pháp luật cạnh tranh để kiểm soát hoạt động M&A.
Xu hướng M&A
Báo cáo mới nhất của PwC về Các Xu hướng M&A Toàn cầu 2022 đã điểm lại những kết quả ấn tượng trong năm 2021 của hoạt động giao dịch toàn cầu nói chung, và tại khu vực Châu Á – Thái Bình Dương nói riêng. Báo cáo chỉ ra các xu hướng chính ảnh hưởng đến sự lạc quan của thị trường trong tương lai gần: dòng giao dịch mạnh mẽ, nguồn vốn sẵn có dồi dào và nhu cầu tăng cao đối với các tài sản kỹ thuật số và dữ liệu.
Xu hướng chính trong thị trường M&A: Thoái vốn và ESG
Về phía doanh nghiệp, việc chuyển đổi mang tính chiến lược sang các mô hình kinh doanh kỹ thuật số, sáng tạo và đột phá sẽ tiếp tục thúc đẩy quá trình ra quyết định M&A. Trong điều kiện thị trường toàn cầu đòi hỏi tư duy tạo ra giá trị, các CEO có khả năng sẽ tập trung thoái vốn nhằm cân bằng danh mục đầu tư, đảm bảo tăng trưởng và sinh lời trong dài hạn.
ESG cũng sẽ ngày càng ảnh hưởng đến chiến lược M&A trong năm 2022 khi các nhà đầu tư sử dụng các tiêu chí này để đánh giá rủi ro và xác định các cơ hội kiến tạo giá trị. Với cam kết về giảm phát thải carbon của nhiều doanh nghiệp và quỹ đầu tư tư nhân, theo dự đoán của PwC, nguồn vốn gia tăng sẽ được huy động đầu tư cho quá trình chuyển đổi sang những nguồn năng lượng xanh, tạo cơ hội cho hoạt động M&A sôi nổi
Trên đây là bài viết về “Xu hướng M&A” của Công ty Luật TNHH Apra. Quý khách hàng còn thắc mắc về các vấn đề nêu trên và cần được giải đáp, vui lòng liên hệ số hotline để được tư vấn và hỗ trợ.
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Mọi thông tin yêu cầu tư vấn xin vui lòng liên hệ:
CÔNG TY LUẬT TNHH APRA
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