Jurisdiction Regarding The Objective Rights Of Buyer Asset-Backed Securities In Secondary Housing Financing

Junitin Sinar Humombang N
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Abstract

Secondary housing financing is a facility that makes it easier for banks to liquidate their less liquid financial assets in the form of receivables arising from the distribution of Home Ownership Loans (KPR). This needs to be done to avoid mismatch funding. The title of this research is “Juridic Review On The Objective Rights Of The Buyer Of Asset-Backed Securities In Secondary Housing Financing”. The research was conducted to find out what are the material rights of asset-backed securities holders in housing secondary financing, how is the transition mechanism, what is the legal protection for asset-backed securities holders and whether national laws need to be adjusted to the concept of secondary housing finance. As for this writing, it can be concluded that the material rights attached to asset-backed securities in housing secondary financing owned by the buyer/holder of asset-backed securities include the right to receive payments, the right to transfer ownership of the asset-backed securities, the right to charge or make asset-backed securities as collateral for the settlement of debts from asset-backed securities holders, the right to obtain settlement of receivables due to mortgage rights on houses and land used as collateral for mortgages (KPR), the right to obtain disclosure of material facts, the right to obtain interest (for asset-backed securities that are debt), the right to Get Settlement of Receivables from the Issuer's Assets. Apart from that, it can also be concluded that the mechanism for the transfer of rights to the issuance of asset-backed securities in secondary housing financing generally consists of 4 phases, namely, among others, the emergence of receivables (receivables) through the distribution of housing loans, sales of receivables by original creditors to third parties. issuer, transfer of material rights in the form of receivables to investors with the issuance of asset-backed securities, transfer of asset-backed securities between one investor to another. Regarding legal protection for buyers/holders of asset-backed securities, it can be concluded that legal protection for buyers/holders of asset-backed securities in secondary mortgage financing is broadly divided into two, namely preventive legal protection and repressive legal protection. Preventive legal protection for holders of asset-backed securities in secondary housing financing lies in implementing the disclosure principle in capital market law, especially in secondary housing financing. Meanwhile, repressive legal protection for asset-backed securities holders consists of 2, namely, legal protection against unlawful acts and legal protection against default acts, both of which must go through a judicial process and cannot be carried out individually but can only be implemented by investment managers in If the asset-backed securities are in the form of securities (equity security)/unit of participation, while if the securities are debt security, the legal action must be carried out through a trustee.
论住房二次融资中买方资产支持证券客观权利的管辖
二级住房融资是一种便利,使银行更容易以分配住房自有贷款(KPR)产生的应收账款的形式清算流动性较差的金融资产。这样做是为了避免错配融资。本研究的题目是“住房二次融资中资产支持证券购买者客观权利的司法评析”。本文主要研究了资产支持证券持有人在住房二次融资中的实质性权利是什么,过渡机制如何,对资产支持证券持有人的法律保护是什么,以及国家法律是否需要调整以适应住房二次融资的概念。通过本文可以得出,资产支持证券买方/持有人在住房二次融资中所拥有的资产支持证券所附带的重大权利包括:接受付款的权利、转让资产支持证券所有权的权利、向资产支持证券持有人收取或收取资产支持证券作为清偿债务抵押品的权利;对作为抵押抵押品的房屋和土地的抵押权获得应收账款结算的权利,获得重大事实披露的权利,获得利息(对于债务的资产支持证券)的权利,从发行人的资产中获得应收账款结算的权利。除此之外,还可以得出,住房二次融资中资产支持证券发行权的转移机制一般包括4个阶段,即通过住房贷款的分配产生应收款(应收款)、原债权人将应收款出售给第三方。发行人,通过发行资产支持证券向投资者转让应收款形式的重大权利,在投资者之间转让资产支持证券。关于对资产支持证券购买者/持有人的法律保护,可以得出结论,对资产支持证券二次抵押融资中购买者/持有人的法律保护大致分为预防性法律保护和抑制性法律保护两种。资产支持证券持有人在住房二次融资中的预防性法律保护在于落实资本市场法中的披露原则,特别是在住房二次融资中。同时,对资产支持证券持有人的压制性法律保护包括2项,即对违法行为的法律保护和对违约行为的法律保护,这两项法律保护都必须经过司法程序,不能单独实施,只能由投资管理人实施。如果资产支持证券的形式是证券(股权证券)/参与单位,而如果证券是债务证券,法律诉讼必须通过受托人进行。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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