The Legal Research Of Special Purpose Trust Established Asset Transfer

As a financing structure,asset securitization can be divided into Special Purpose Trust,Special Purpose Company and Limited Partnership according to its special purpose vehicle(SPV).Trust is a catheter for asset securitization trust.The originators of the underlying assets as principals will set their assets as a trust,transfer to the trustee,so that become the beneficiary of the underlying asset,and then the trustee will segment the beneficiary of principals,issue asset backed securities to investors as the beneficiary of the price,so as to realize its structured financing.The desired risk isolation could be achieved by independence of trust property possessed by special purpose asset securitization.The special purpose trust will separate the clients,trustees,investors from each other.Currently,special purpose trust mode of asset securitization is adopted in China,and is regulated by the "People's Republic of China Trust Law","credit asset securitization pilot management approach" But in practice,there are several areas that are not fully regulated and clearly defined when referring to the process of setting up a special purpose trust for transfer of assets.Therefore,this article analyzed these problems and obstacles arisen about the transfer of assets during the process of establishing special purpose trust by using problem oriented analysis method combined with a variety of comparative analysis and other research methods.Meanwhile,recommendations are provided for transfer of assets during the process of establishing special purpose in China.