A Study On Legal Risks And Measures Of Lessors Of Ship Finance Leasing In Free Trade Zone

"The Study on Legal Risks and Measures of Lessors of Ship Finance Leasing in Free Trade Zone" demonstrates that the lessors of ship finance leasing business in Chinese Free Trade Zone which is in the special legal and policy environment needs to prevent the general risks of ship finance leasing outside the territory,and they also need to analyze and mitigate the legal risks arising from the new generated policy,such as registration risks,operation risks and finance risks in FTZ.Based on this point of view,this dissertation believes that both the government and the lessors of shipping finance lease should make full use of the reform and innovation platform of FTZ,and constantly perfect the relevant law,policy and safeguard mechanism.Also,they need to enhance the professional ability of finance lease actively,in order to respond to the new risks brought by the FTZ policy better.The dissertation is divided into five parts.In addition to the introduction and conclusion,it mainly discusses the following aspects:Firstly,the legal and policy practice of the lessor's ship finance leasing risks in Chinese Free Trade Zone;Secondly,the lessors'registration legal risks in Free Trade Zone;Thirdly,the lessors'operation legal risks in Free Trade Zone;Fourth,the lessors' financial legal risks in Free Trade Zone;Fifth,the advice for protection of lessors in Free Trade Zone.The first part mainly summarizes the risk protection of the ship finance leasing lessor in the existing legislation of Chinese Free Trade Zone,and points out the three representative FTZs in the field of ship finance leasing,namely Tianjin,Shanghai and Guangdong.Then,sum up the respective laws and policies of the lessor's risk protection,such as tax risk protection,business risk protection,financial risk protection,ship registration risk protection,etc.,and provide comprehensive legal and policy background for the subsequent lessors.Based on the previous part of the legal and policy background,the second part analyzes the ship registration risks of the ship finance leasing lessor in China's Free Trade Zone.Because the unified ship financing lease registration system has not yet been formed in FTZ,the lessor bears more registration risks as the owner of the ship,such as the identification of the ownership of the financial leasing ship in practice,the risk of consolidating the bareboat charter and the ship financing registration,and the special risk of the ship as the owner of the ship.Under this background,the lessor should identify and distribute the risk by the finance lease contract in advance,and strengthen risk precaution and monitoring of the leased ship conditions.The third part mainly talks about the lessor face with new business risks,such as SPV risks,credit risks,regulatory risk and market exit mechanism risks,owing to the new development of FTZ policy in respect of finance leasing business.Furthermore,it is further discussed that the lessor should establish a sound risk prevention and control mechanism in the ship financing leasing operation,and use the shipping insurance in FTZ to avoid credit and financial risks.The fourth part mainly analyzes the financial and legal risks faced by the lessor in the development of the ship finance leasing business in the Free Trade Zone,especially in the Shanghai Free Trade Zone as an international shipping financial center.Financial innovations have been made in interest rate liberalization,cross-border RMB,convenience of overseas financing and foreign exchange use.Accordingly,ship finance leasing lessors should combine interest rate risk and exchange rate risk derived from corresponding policies to control financing costs and enrich profitability.The fifth part is based on the advantages and disadvantages of the development of the financial leasing industry in FTZ,and above risks faced by the lessor under the FTZ policy.From the government point,the business of ship finance lease can be further improved,and then explore how to improve and promote the systematization of the ship financing leasing industry in FTZ,establish and improve the legal system,improve the ship financing lease registration system,and try to establish the protection system of the lessor's rights under the unique policy of FTZ.From the level of the lessor,there are some suggestions for safeguarding its own legitimate rights and interests,such as improving its financial leasing professional level and risk management capabilities,and actively seeking innovative breakthroughs in the shipping finance industry.