Asset Securitization-HENGDU LAW FIRM

Z6·尊龙凯时

Asset Securitization

Overview
How We Can Help

Professional degree

Following the development and changes of international asset securitization market, especially China's asset securitization market, HENGDU continuously pays attention to and researches on the development and promotion of China's asset securitization business, the change of issuance approval method, the adjustment of regulatory authorities' supervision strength and core control system, the change of original equity holders and the types and scope of underlying assets. We have a practical and predictable understanding of future development opportunities, regulatory and monetary market environment, product and scheme architecture design, legal and commercial risks.


Full service

HENGDU can provide all-round and one-stop legal services for various trading entities such as promoters / original equity holders, managers, asset service institutions, banks, etc. the service scope covers due diligence, scheme design, asset pool construction, SPV construction, transfer and delivery of basic assets, issue of legal opinions, and assist in asset management in the process of mid-term management It also provides special legal consultation on asset securitization, drafting, reviewing and revising various legal documents in the process of transaction, participating in and assisting in transaction negotiation, assisting in registration and filing, etc., so as to meet the needs of various legal services in the process of asset securitization.


Multi-resource cooperation

HENGDU, together with the Ministry of Commerce, the national development and Reform Commission, the Ministry of industry and information technology, the Ministry of science and technology, the Ministry of Finance and the people's Bank of China, as well as the state owned assets supervision and Administration Commission, the State Administration of Taxation, the State Administration of market supervision and administration, the Intellectual Property Office, the administration of foreign exchange, the China Securities Regulatory Commission, the banking and Insurance Regulatory Commission, judicial organs such as people's courts and procuratorates at all levels, and international trade Close and stable business contacts and good communication channels have been established between arbitration institutions such as arbitration commission, Shanghai Stock Exchange, Shenzhen Stock Exchange, domestic and foreign investment banks, asset management agencies, intermediary agencies, industry associations or industry forums, industrial parks, entrepreneurship parks or incubation bases.

Early stage-In the process of issue

  • Due diligence: conduct due diligence on sponsors / original equity holders and underlying assets, issue legal due diligence reports and disclose legal risks.

  • Scheme design: participate in the selection of asset securitization mode, securitization analysis, selection and combination of basic assets, design and framework of legal transaction structure, prediction, prompt and prevention of compliance risk, etc. through in-depth study and grasp of relevant laws and regulations, departmental rules, notices, latest regulations of regulatory departments and practical spirit, etc., to assist the overall scheme of asset securitization The compliance of the design is feasible, which provides a compliance basis for subsequent issuance, follow-up and project termination.

  • Asset pool construction: evaluate the legal compliance and effectiveness of the underlying assets, issue legal opinions, disclose and determine the compliance risks of the underlying assets, and assist in the construction of the asset pool.

  • Build SPV.

  • Participate in the transfer and delivery of basic assets·Issue legal opinion on issuance.


Middle stage-During the post release management process

  • Assist in making asset management report and provide legal advice.

  • Assist asset management.

  • Assist SPV in daily asset management, collection and risk warning, and initiate litigation / arbitration and other dispute resolution procedures for breach of contract.


Later stage-In the process of expiration and termination

  • Assistance in providing legal advice on termination matters.

  • Assist in issuing the liquidation report.

  • Participate in the liquidation work, provide legal opinions on major situations, major changes in basic assets, major legal events involved in the parties involved, major changes in laws, regulations and policies during the period, and assist in the issuance of the liquidation report

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