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Research On Assets Securitization Basic Legal Issues

Posted on:2008-02-23Degree:MasterType:Thesis
Country:ChinaCandidate:X N WeiFull Text:PDF
GTID:2166360215956815Subject:Economic Law
Abstract/Summary:PDF Full Text Request
There is a very famous saying in the world finance center Wall Street: "If you have a stable cash flow, just have it securitized!" This saying vividly describes the current status of securitization in the world financial market. However, contrast to its flourishing development in the overseas markets, is just in its early stage in mainland China. A lot of times have passed by until we have had vehicles of securitization in mainland China. Fortunately, the legal, finance and commerce industries, who are sensitive to the era changes, have shown strong interest in securitization and are conducting research on securitization.What is securitization? These are questions of top priority to the people who have interest in securitization. In this dissertation, the author defines "securitization" as financing forms by which the issuers have the assets or pool of assets that are able to generate anticipated stable cash flow structured by certain arrangements and issue securities based on said assets or pool of assets.If we say that securitization is an excellent gene product t(?)at is the synergy of various legal disciplines, we can also say that the flourishing developme(?)t of securitization in finance market is a signal of the coming of a new era.However, we have some systems, especially legal systems, which block the development of securitization, a financing innovation. We should actively and timely reform the legal systems to explore new spaces for this innovation, research and settle the current legal barricades, and we should further provide legal back up for its development.Securitization, the most important financing innovation in the past thirty years, has shown its tremendous development advantages in the financing market by virtue of its excellent structure and unique function. China is immersing into the economic globalization progressively, whether we are capable to introduce this financing; innovation into China and how to introduce it into China are increasingly hot topics. In the dissertation, the author first defines the connotations of securitization, then introduces the goal, feasibility and value of securitization, and analyses the external inevitability of the int(?)oduction of securitization into China, and explain relevant legal issues; and then the author discusses the legislation imagination of the introduction of securitization into China in c ombination with the reality of China.The first part of the article talk about the basic concept of operation on Assets Securitization.The second part of the article introduces the question of fundamental purpose,feasibility and value on Assets Securitization. It can tell us Assets Securitization can be used to solve problems.When we understand the basic concept on Assets Securitization,we can know the relative of Assets Securitization legal issues.The next part of the article talk with the specific situation in China.We can know practive and legal status in China.Listed the existing legislation in China.The last part of the article talk about issues raised apply in China.And in this process should pay attention to the problems.In the end, I raised legislative system of my personal proposal.
Keywords/Search Tags:Securitization, Risk Management, Deal Structure, Special Purpose Vehicle (SPV), Real Sale
PDF Full Text Request
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