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Research On Investor Rights Protection In Commercial Bank Non-performing Asset Securitization

Posted on:2019-01-30Degree:MasterType:Thesis
Country:ChinaCandidate:G G LiuFull Text:PDF
GTID:2346330542958804Subject:Science of Law
Abstract/Summary:PDF Full Text Request
In the process of rapid development,commercial banks in the country were trapped by huge amounts of non-performing assets.The commercial bank’s non-performing asset securitization was taken seriously by commercial banks as a means of quickly handling bad assets.However,the regulatory loopholes in the securitization of non-performing assets of commercial banks still exist.The investors of non-performing assets,especially small and medium-sized investors,are still in a weak position.System risk leads to information asymmetry,which makes it difficult to protect the interests of many investors.The author intends to proceed from the perspective of investment rights and interests,and put forward optimization proposals to protect investor rights and interests.Investors are at a relatively disadvantageous position when investing in commercial bank non-performing asset securitized products.Unlike the promoters of products,the degree of access to information greatly influences investors’ decisions and thus affects the rights of investors.Investors should enjoy rights such as transaction right to know information,safe trading rights and fair trade rights in their investment activities,but it is difficult to obtain effective protection in the current investment environment.This paper attempts to find a way to protect the rights and interests of investors through reforms to improve investor rights protection mechanisms.From the perspective of legislation.By supplementing the lack of laws and related laws and regulations,the specific operational rules for the securitization of non-performing assets of commercial banks and the standardization of operations will be strengthened.The construction of supporting systems for the protection of investor rights and interests will be strengthened to protect the rights and interests of investors.From the perspective of the regulatory mechanism.Clearly authorize the supervisory authority to supervise and manage the securitization investment authority,avoid regulatory confusion and regulatory vacuum,effectively improve supervision,and thus form an effective investor rights protection and supervision mechanism,giving investors a good investment rights.Starting from the perfection of information disclosure.The acquisition of transaction information is the lifeline of investors’ investment activities.Only by ensuring that investors can obtain investment information in an effective and timely manner can they be able to make decisions at the right time to obtain profits or reduce losses.Separation from real sales to avoid the risk of bankruptcy.The core of non-performing asset securitization is the formation of an asset pool.For example,if the original rights holders involved in the assets bankruptcy,and the assets in the asset pool are transferred to the bankruptcy property,investors will,to a large extent,make large losses.Therefore,from the beginning of the establishment,the assets of the asset pool were actually sold to avoid becoming the property of the original right holder’s bankruptcy property,thereby protecting the rights of investors.This article intends to study the improvement and protection of investors’ rights and interests from the above-mentioned perspectives,and gives effective solutions to the specific rights of investors so as to protect their rights.
Keywords/Search Tags:Securitization of non-performing assets of commercial banks, investors’ rights, suggestions for improvement
PDF Full Text Request
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