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Credit asset securitization risk isolation Legal Issues

Author: LiuYi
Tutor: TangLiZi
School: University of Foreign Trade and Economic
Course: International law
Keywords: Asset Securitization Risk isolation Substantive consolidation Real sales
CLC: D922.28
Type: Master's thesis
Year: 2006
Downloads: 225
Quote: 6
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Abstract


Asset Securitization (Asset-Backed Securitization) refers to the financial assets of the original rights holders legally entitled to financial assets ( mainly debt assets and related security interests ) as the basis of , or guaranteed by , through conversion or derivative into according to the free flow of the Securities Act of securitization rights , so that the original rights holders of financial assets to debt service first , and the financial assets and the income to pay to the holders of securities of the process . This paper focuses on asset securitization in the U.S. legal system, combined with the analysis of the legislative status and economic realities of the process of asset securitization system , provides a number of useful reference to the legislative development of the process of asset securitization . This article consists of the following parts: the first part of an overview of asset securitization , that introduces the concept of asset securitization , the operation of the function of its economic , legal sense , as well as asset securitization . The second part focuses on the risk of isolation , first introduced the meaning of risk isolation and the important role of the asset securitization . Then will risk isolation of discussion is divided into two parts : The first part discusses the relationship of design and risk isolation of SPV ; second part of the discussion is really sales relationship with the risk of isolation . The third part , in accordance with the second part of the established ideas , focused on the relationship between the SPV and the risk of isolation . This section is specific and detailed as the two discuss angle , a SPV and the risk of the sponsoring agencies isolation, focused on the risk of the SPV under the control of the securitized assets substantive consolidation ; the another angle SPV bankruptcy risk . The fourth part focuses on real sales system . Real sales on the concept of the United States , and the discussion of securitization transactions by the court re- characterized as a secured loan risk . Once recharacterized securitized assets will be classified as originating institution bankrupt property for creditor allocation . This section through case analysis and comparative study of the comparison of related legislation to to explore mature system of law in the United States on China 's revelation .

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CLC: > Political, legal > Legal > Chinese law > Financial Law
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