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Artwork mortgage securitization legal risk and control

Author: ZhouSiDa
Tutor: XuDiYu
School: Hunan University
Course: Civil and Commercial Law
Keywords: Artwork mortgage securitization Asset Securitization Lien Cash Flow Legal Risk
CLC: D922.287
Type: Master's thesis
Year: 2009
Downloads: 290
Quote: 2
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Abstract


Artwork mortgage securitization, asset securitization is more developed in the context of the birth of the kind of financial innovation attempts, with the typical characteristics of asset securitization. The theory is that the lack of funds and securities sponsors a wide range of market liquidity, but can be expected to generate cash inflows have the ability, through the elements of risk and return cash assets after separation reorganization cash flow \away from the risk of bankruptcy ad hoc bodies, and then by the agency after the issue of the separation of recombinant artwork securitized products, and are expected to generate cash inflows to sustain the securitization process. Artwork mortgage securitization risks involved in the securitization process can be divided according to their securitization and securities transactions contemplated two stages. In the proposed securitization process involves major risks include: the legal risks isolating mechanism set up art security standards and credit rating. Risk isolating mechanism established legal form of organization to play its function has a decisive influence, corporate system, trust system and the partnership have their own advantages, the specific choice depends on a country's legal tradition and the legal environment; On the contrary, the legal form of organization Select in turn determines the risk of isolation and quarantine agencies in the risk of liquidation effect. The credit rating, increasing the risk level and the disclosure of the operation of isolating mechanism complementary. In addition, how to establish security when faced with making art authenticity of identification and assessment of the value of the relevant standards and legal risks arise when prevention and control is also crucial. Art-backed securities transactions in the process, market supervision, true sale, merger entity, tax processing and information disclosure mechanism involved in legal issues worthy of further study. Since artwork itself does not generate cash inflows only as a security for debt, the debtor must supervise asset itself transferred to the supervision of individual financial situation up, resulting in information disclosure or the right to privacy of the dispute. By drawing on European financial regulations in this field of research, combined with China's attitude to privacy and civil identification, comparison and discussion of this has a very important practical significance. Sales and entities in the real discussion on the merger, through a combination of traditional asset securitization research results and the characteristics of the art market, in order to achieve the system is not established, the purpose of the theory first.

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