The Study on the Legal Issues of Non-performing Assets Backed Securitization
Abstract
Bank non-performing financial asset securitization is a hot topic. First spin-off of bad bank assets because of poor quality; four asset management companies are more dispersed pattern of disposal; securities do not have the legal environment, a special purpose entity set up a large legal obstacles, more stringent conditions for issuance of securities other reasons, the securities more difficult. The second part of the quality of spin-off non-performing assets for securitization requirements, high homogeneity; "Trust Law" and other laws of the introduction of its asset securitization provides a legal environment to support. Nevertheless, the current legal environment, there are still many gaps, so should the overall design of the system of non-performing assets and the external legal environment for change. Currently Non-performing Assets Backed Securitization is one of the hottest topics in the financial field. This essay does some research on it. First, this essay explores the legal reasons why it is difficult to securitize the Non-performing Assets separated for the first time in some parts including its legal features, the Chinese system dealing with the Non-performing Assets, the special legal environment for Asset-Backed Securitization and so on. Second, this essay elaborates the possibility to securitize the Non-performing Assets separated for the second time in some parts including its legal features, the structures of dealing with it and the change of the legal environment. Finally, this essay puts forward some legal tactics and suggestion in the light of the latest Non-performing Assets Backed Securitization of China