On The Securitization Of Non-performing Assets To The Special Purpose Vehicle

It's already becoming a mainly international way to deals with non-performing assets securitization. Special Purpose Vehicle, as an operation carrier of non-performing assets securitization, which has the important "risk isolation" function. It has lied in the core positions. Therefore, on the base of wielded qualitative analysis law and parallel analysis law synthetically, the article has analyzed the law contact with spv by the legislation practice of USA, Japan and Taiwan area in our country. Base on that, the article submit a little suggestion.There have three parts in the article:Partâ… spv is an important organization in non-performing assets securitization. First, I analysis the fundamental connotation of spv. Secondly, I detailedly introduce the economy function of spv. Thirdly, I mainly expound the building principle. Finally, I discuss the core positions in non-performing assets securitization by the two aspects of bankruptcy risk remoteness and true sale.Partâ…¡discussing the question of law related to the spv. Chapter three is the main body of this dissertation. First, I introduce legal relation of spv. Secondly, drawing on the experiences of USA, Japan and Taiwan area in our country, I analysis of the three main conformation of spv: company, trust and partnership. Thirdly, emphasize two crucial questions of risk remoteness and true sale in spv. Finally, explain the tax revenue of spv.Partâ…¢The legal suggestion of spv in today's legislation system. On base of our legal system, choosing the mode of legislation and advising a little propose of specific design for spv.