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Legal Issues of Asset Securitization Risk isolation mechanism

Author: DongZuoYing
Tutor: ZhangJianWei
School: Fudan University
Course: Legal
Keywords: asset securitization risk isolating mechanism asset transfer special purpose vehicle(SPV) special legislation
CLC: D922.287
Type: Master's thesis
Year: 2008
Downloads: 116
Quote: 3
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Abstract


The asset securitization by its financing structure’s innovation and the capital use factor high characteristic, has become in various countries capital market to have the vigor extremely gradually the financial product. Our country’s capital environment at the right moment has also introduced the asset securitization, and has carried on the asset securitization aspect attempt, but the risk isolating mechanism is in an asset securitization construction process key link. In the law, asset securitization risk isolating mechanism construction’s completion, needs to solve two essential problems: Its one is the asset transfer adopts what form to be able to isolate initiator’s risk truly; What structure its are two SPV uses to be able to isolate initiator’s risk, and guaranteed that oneself is also far away from the risk. Based on the above two questions, this article through China and the West method law system environment’s introduction and the comparison, the discussion asset securitization as well as the risk isolating mechanism’s related question, and attempts to propose that through legislates the form to consummate our country asset securitization risk isolating mechanism specially the legal advice.This article is divided into five chapters, approximately 30, 000 characters.The first chapter of asset securitization’s general theory, has conducted the preliminary study to the asset securitization’s connotation and the transaction structure’s legal matter, is essential theory upholstery which does to the behind thorough discussion.The second chapter of risk isolating mechanism outline, first analyzes several kinds of representative theory to have the persuasive power by the prominent asset securitization bankruptcy isolation theory to the asset securitization explanation, and to guarantees the creditor’s rights through the elaboration bankruptcy system the influence to examine this theory, afterward introduced simply realizes the bankrupt isolation most principal means risk isolating mechanism law research direction: The asset transfer and the SPV structure, are study the risk isolating mechanism from comparatively macroscopic and the whole angle.The third chapter of asset securitization risk isolating mechanism’s asset transfer, first introduced that the asset transfers several ways, afterward after asset transfer transaction behavior itself and the asset initiator and SPV relate two aspect selective analysis asset "the real sale" the judgment, and aims at the asset "the real sale" may abolish the transaction risk, again the qualitative risk, mix risk and "the substantive merge" the risk proposes the guard and the processing suggestion.The fourth chapter of the asset securitization risk isolating mechanism’s SPV structure, first introduced that SPV the law configuration of organization, how does revolve to construct one afterward to be far away from bankrupt SPV, embarks from the SPV structure principle, the selective analysis SPV own bankruptcy risk’s isolation and the initiator went bankrupt the legal matter which the risk isolation involved, and proposed the guard and the processing suggestion.The fifth chapter of our country asset securitization risk isolating mechanism’s legal evaluation, relates our country’s national condition and the legal environment, from the securitization asset’s law determined, the way by "the real sale" transfer asset’s legal important document and sets up legal qualifications of "the bankrupt isolation" the SPV special main body three aspects to explain in our country asset securitization risk isolating mechanism exists the question and puts forward the corresponding consummation legislative proposal.

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CLC: > Political, legal > Legal > Chinese law > Financial Law > Securities and Management Act
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