Asset Securitization Of The Offshore Operation Of A Number Of Legal Issues

Securitization financing technology originating from America has been applied in many countries. At the beginning of introduction of this financing technology, most reception countries of securitization adopt the method of securitization offshore operation to overcome the legal obstacles in those countries. The adoption of securitization offshore operation can also make full use of the comparative advantages in different jurisdictions and build the best transaction structure to low the financial cost.The particular legal issues will occur in the securitization offshore operation. This article, firstly summarizes the basic significance and operation process of securitization, analyzes the legal relations among participants in securitization and the legal characteristics of securitization, explores the reasons of securitization offshore operation, and then conducts a detailed study on the legal issues occurred in securitization offshore operation. In the end, this article studies the legal environment of securitization technology and securitization offshore operation in China, and analyzes, in detail, the conflicts between the existing law in China and securitization. The author give his advices on the legislation mode and perfection of Chinese securitization on the basis of the foreign securitization legislation, particularly the legislation experiences in Japan and Taiwan region of China.