外资参与不良资产处置的法律探索（国外英文资料）.docVIP

外资参与不良资产处置的法律探索（国外英文资料） Foreign participation in the legal exploration of the disposal of non-performing assets Background: in 1999, successively set up in China cinda, huarong, Orient the Great Wall and the four financial asset management companies, acquisition, management and disposal of the big four state-owned Banks non-performing assets. In the case of legislative blank and policy lag, the four companies have been active in innovation and have made remarkable achievements in cooperation with foreign investors. 2001, cinda and deutsche bank have set up joint venture company signed a cooperation framework agreement, deutsche bank in cash, cinda, a joint venture with non-cash assets investment, common disposal of bad financial assets; Huarong with the book value of more than 20 billion yuan in package five assets global roadshow, sold to investors worldwide public bidding, aroused great interest of foreign investment Banks; The Oriental and American investment corporation, a joint venture fund management firm, has raised $21 million in advance. Practice has proved that the introduction of foreign capital is an effective way of disposal of non-performing assets, it can not only solve the problem of shortage of funds, but also at the same time, the introduction of foreign advanced management experience and technology. In order to encourage and regulate the participation of foreign investment, finance, and the peoples bank issued by the ministry of foreign trade union in October 2001, the financial asset management companies to absorb foreign capital into asset restructuring and disposal of provisional regulations (hereinafter referred to as the regulations). The regulation clearly states that the asset management company may sell or transfer directly to the foreign company, or may sell or transfer the shares and claims of the non-listed company after the reorganization. Asset management company may by way of contract transfer, such as bidding and auction to sell for