Research On Legal Issues Of Commercial Factoring Asset Securitization

The commercial factoring Securitization is a rising star in the financial field,which provides a new way to activate the factoring assets and solve the financing difficulties of the factoring company,the feasibility of this model has been proved by many successful cases in practice.However,unlike the general Securitization,the commercial factoring Securitization is based on factoring accounts receivable,which involves many legal subjects as a whole and is more complex in transaction structure and operation process,there are many legal problems in practice which need to be clarified urgently.It is necessary to clarify the legal relationship and transaction process of commercial factoring Securitization,and to select the key legal issues based on the practical needs,including the basic assets and bankruptcy isolation.Specifically analyzes the choice of basic assets with factoring accounts receivable as the core,the nature and effectiveness of asset transfer,as well as legal issues such as disputes over SPV in bankruptcy isolation and the determination of true sale,it also puts forward some feasible legal suggestions to guide the practice of commercial factoring Securitization in China,and enriches the theoretical research of Securitization from a new angle of view.