The Research On The Legal Issues Of SPV Model Of Ship Financial Leasing

SPV mode of ship finance leasing is a new type of ship finance leasing mode.China introduced SPV mode of finance leasing in 2009.Up to now,this mode of finance leasing has developed for more than ten years in China.However,its development in China is not smooth.It is not difficult to find that after introducing SPV mode of finance leasing from China,it is "out of line" with the laws and regulations of China,resulting in There are many legal problemsThe first part of this paper is an overview of the basic theory of the SPV model of ship financial leasing,which is introduced from the perspective of financial leasing,because the SPV model of ship financial leasing is an extension of financial leasing,then the SPV model of ship financial leasing is defined,and its operation process and the advantages of this new financial leasing model to the leasing company and the lessee are briefly described.Therefore,this new model is promoted in China The mode of financial leasing is very necessary,but the premise is to properly solve the existing legal problems.The second part focuses on the legal organization form of SPV entities in the SPV model of ship financial leasing.According to the current laws and regulations of our country,only financial institutions that have obtained trust financial license can establish trust SPV and regard trust as a monopoly business,which undoubtedly raises the threshold for leasing companies to carry out SPV financial leasing business,and the purpose of SPV model of ship financial leasing is to The original intention of lowering the entry threshold of leasing companies runs counter to each other;however,the corporate SPV violates the principle of validity level of the law,so it is necessary to re understand the trust,standardize laws and regulations at all levels,and maintain the consistency of laws,so as to better promote the development of SPV financial leasing mode in China.The third part aims to solve the problem of asset securitization of SPV model.The reason why SPV mode of ship finance leasing has become a new favorite in the field of ship finance leasing,is that it can carry out asset securitization and realize bankruptcy isolation.However,under the current legal background of our country,it is difficult to realize the real sale and the bankruptcy isolation is not complete,so it is necessary to solve this problem by establishing an open trust and issuing special laws and regulations on asset securitizationThe fourth part mainly analyzes other legal issues in SPV mode of ship financial leasing,including single financing channel,unreasonable market access and exit mechanism,the confusion of regulatory mechanism and so on.