The Research Of Law Questions In Offshore Securitization Field

Assets-securitization functions as a structural financing instrument based on assets credit and backed by the steady and expectable cash flow in capital market. Securitization financing technology originating from America has been applied in many countries. At the beginning of introduction of this financing technology, most reception countries of securitization adopt the method of securitization offshore operation to overcome the legal obstacles in those countries. The adoption of securitization offshore operation can also make full use of the comparative advantages in different jurisdictions and build the best transaction structure to low the financial cost. As a result risk separation system, Special Purpose Corporation (SPC) plays a very important role in the operation of asset backed securities; and constructing a legal system is a necessity in perfecting the system of asset backed securities. Offshore securitization still faces some inevitable difficulties of law include law relation problems and law conflicts that should be seriously studied. This paper uses several methods such as method of comparative analysis and induction to analyze the legal problem which the true sale of asset securitization will meet in our country's legal system.And it also proposes its own opinions to the problem.