The Research On Legal Of Commercial Banks Non-performing Assets Securitization During The SPV Running

In the development of China’s financial sector, China’s commercial banks inevitably encountered a global problem-non-performing assets of commercial banks. The non-performing assets, the issue is not only plagued by foreign commercial banks, has been plagued by the development of China’s commercial banks. China has tried many methods to solve the problem of non-performing assets of commercial banks, but the effect is not very good. Therefore, in order to the development of China’s commercial banks, China is very necessary to adopt a new method to dispose of bad assets. The past30years, the above method of disposal of non-performing assets, asset securitization is a very important business innovation in the international financial markets, the method application to be a major financial country. It can be said that, after so many years of practice, either in theory or in practice, asset securitization in a foreign country is already very mature and refined. In this case, based on the successful experience of foreign countries, China began the practice of asset securitization.From1999the idea of asset securitization method to solve the problem of non-performing assets of commercial banks in China began in China after years of practice, has made some encouraging progress. But at the same time, the non-performing assets in the securitization process also appeared in a number of problems, which also involves a lot of legal issues. The main legal issues involved in the securitization process in the non-performing assets to SPV during the operation of the legal issues. The focus of this study is that the legal issues involved in the SPV are running.Firstly, from our non-performing asset securitization is applicable mode starting from the theory and examples of analysis of the legal issues involved in the SPV during the operation; the entire process of analysis, this paper will combine classic TECO2006-1restructured asset securitization instance of the project of empirical analysis, and foreign legislation and legislation in China for some comparison. On this basis, the legal issues involved in the process of SPV running, how to make some legal advice.The framework structure around the legal issues involved in the SPV run to start the main text is divided into four chapters. The first mode of commercial bank assets in China securities selected for the theoretical analysis, and briefly raises legal issues may be involved in this mode, the SPV, running and running. Chapter Ⅱ a legal issue involved in our country the SPV run in the legal transfer of assets. Legal issues in the transfer of assets are the basis of assets and transfer of the legal issues. This chapter first analyzes the underlying assets and transfers of legal issues involved in the SPV of our country, and then analyze the relevant foreign law, and finally proposed to improve the transfer of assets in the securitization of China legal issues recommendations. The third chapter on the legal issues involved in our country the SPV run in the credit enhancement for analysis. This chapter first briefly reviews the credit enhancement in two ways. Followed by a discussion of the two enhancement methods exist as a legal defect in our country. Finally, the defect put forward a sound advice. The fourth chapter is a very important risk involved in our country the SPV run in the regulation of the legal analysis. This chapter briefly introduces the main body of risk regulation and risk regulation, and went on to discuss the status of risk regulation in China and insufficient, and then analyze the characteristics of the foreign risk regulation, and finally come to improve the successful experience of the lack of supervision of our country risk and foreign risk regulation risk regulated countermeasures.In this paper, come to the conclusion of the legal issues involved in the many legal issues in China’s commercial banks’ bad assets securitization SPV run. The object of study for the SPV running in the major categories of non-performing assets securitization legal issues legal issues involved in this subclass. Improve the legal issues involved in the SPV during the operation, the improvement of the legal issues involved in the entire non-performing assets securitization process is a verv active role.