Research On Legal Problems Of Asset Transferring In Securitization

Asset securitization is one of the most essential financial tools for financial innovation in the financial fields.It plays an increasingly important role in the financial markets.In2008,the subprime mortgage crisis appeared in US and asset securitization has not get a formation.Although the subprime crisis has had a huge impact to the world financial markets, the value of the asset securitization as a financial innovation tool can not be denied.Especially, the domestic financial markets are underdeveloped,asset securitization not only can broaden financing channels, reduce financing costs, reduce and disperse bank risks.In2012, after3years of stagnation of the asset securitization, the State Council approved a plan on expanding the pilot of asset securitization.Asset transferring is one of the most important parts in the deal structure of securitization which refers to the process of transferring basic assets from the sponsor (original rights-and-interests-owner) to special purpose vehicle. So it is necessary to study the legal issues concerning the transfer of basic assets during the course of asset securitization. The paper consists of theory, system,pratice and suggestion. There are five chapters and the main contents of each chapter are as follows:The first chapter is a summary of basic theories on asset securitization. And analysis the value and the legal nature of asset transferring.Because asset transferring is different from debt transferring,this chapter studies the difference in subject,object and the results.The second chapter particularly introduces the legal system of the USA,combining with the law and the practice,analysis the method of transferring and the standard of true sale.The third chapter introduces the legal system and detailed legal problems of asset transferring in our country.The forth chapter takes "Jian Yuan2005-01" for example,points out the background, current situation and transaction structure, emphasies the practice of asset securitization in our country and points out the problems.The last chapter is based on the above-mentioned system and practise, then offers the solutions to these problems.