Legal Risk Analysis Of International Dierct Syndicated Loan

International syndicated loan is an important means of financing emerging from post-World WarⅡ.After over 60 year development,it has achieved an irreplaceable status on the international capital market.Because of its transnational nature, complexity and accommodation,international direct syndicated loan's legal risks are different from other ordinary commercial loans,which make it a special research value.In this paper,the author selects direct international syndicated loan as the study target.Starting from the basic concepts,I analyze the different aspects of international and domestic legal risks,then focus on syndicated loans in Chinese market,analyze the legal risk factors in Chinese syndicated loans market,and finally propose the preventive measures.In ChapterⅠ,the author first outlines international syndicated loan,and then focus on the analysis of the parties of international direct syndicated loans,as well as the specific legal relationship between them,which is the prerequisite for analyzing its legal risks.ChapterⅡis the core of the paper.It concretely analyzes legal risks of international direct syndicated loan.On the basis of learning internal and external legal relationships of international direct syndicated loans,the author analyzes the legal risks of international direct syndicated loans from the perspective of international law,domestic law and application of law respectively.In terms of international law,the author analyzes the legal risks arising from country immunity and foreign exchange controlling. On the facet of domestic law,the author analyzes legal risks from two major areas:the special provisions of the loan agreement and security law.In addition,the author further analyzes the syndicated loans from different stages of the loan agreement.ChapterⅢanalyzes the characteristics of direct syndicated loans,and proposes macro-control methods,including prevention,control in progress,and resolution afterwards.ChapterⅣis foothold of the whole text.Based on the previous text analysis it concludes the legal risks in Chinese syndicated loans market.First,foreign exchange control constraints the development of syndicated loans market.Second,external debt management has implied risks.Third,the contract specification misses.Fourth,the norms of our syndicated loans are not yet ripe.At the end,the author proposes legal measures to develop Chinese syndicated loans market.