{"title":"结构性投资工具(SIV)诉讼问题","authors":"Rupert Macey-Dare","doi":"10.2139/SSRN.1587602","DOIUrl":null,"url":null,"abstract":"Structured Investment Vehicles or SIVs are highly complex derivative-related vehicles and products, typically involving offshore “bankruptcy-remote” special purpose companies and trusts, complex rules for the management of portfolios of derivative assets and additional rules for the distribution of funds between different investors and classes of investors. This paper illustrates the challenges and complexity of the bespoke drafting involved in SIVs and the type of litigation that could ensue, by considering a number of sections from key Structured Investment Vehicle contracts and questions recently considered before the English courts. Some student test problems and drafting exercises are also included in the paper.","PeriodicalId":416511,"journal":{"name":"EduRN: Legal Scholarship Education (LSN) (Topic)","volume":"103 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2010-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Structured Investment Vehicle (SIV) Litigation Questions\",\"authors\":\"Rupert Macey-Dare\",\"doi\":\"10.2139/SSRN.1587602\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Structured Investment Vehicles or SIVs are highly complex derivative-related vehicles and products, typically involving offshore “bankruptcy-remote” special purpose companies and trusts, complex rules for the management of portfolios of derivative assets and additional rules for the distribution of funds between different investors and classes of investors. This paper illustrates the challenges and complexity of the bespoke drafting involved in SIVs and the type of litigation that could ensue, by considering a number of sections from key Structured Investment Vehicle contracts and questions recently considered before the English courts. Some student test problems and drafting exercises are also included in the paper.\",\"PeriodicalId\":416511,\"journal\":{\"name\":\"EduRN: Legal Scholarship Education (LSN) (Topic)\",\"volume\":\"103 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2010-04-11\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"EduRN: Legal Scholarship Education (LSN) (Topic)\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.2139/SSRN.1587602\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"EduRN: Legal Scholarship Education (LSN) (Topic)","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2139/SSRN.1587602","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Structured Investment Vehicles or SIVs are highly complex derivative-related vehicles and products, typically involving offshore “bankruptcy-remote” special purpose companies and trusts, complex rules for the management of portfolios of derivative assets and additional rules for the distribution of funds between different investors and classes of investors. This paper illustrates the challenges and complexity of the bespoke drafting involved in SIVs and the type of litigation that could ensue, by considering a number of sections from key Structured Investment Vehicle contracts and questions recently considered before the English courts. Some student test problems and drafting exercises are also included in the paper.