Legal Practice of Financial Compliance and Non-performing Assets Division from the Perspective of Judicial Interpretation of the General Provisions of the Civil Code of Contracts

With the gradual implementation of the national economic reform policy and the major adjustment of the epidemic prevention policy, commercial banks have ushered in new opportunities and faced new challenges, such as the polarization of the real estate market, the rapid rise of the manufacturing industry, and the acceleration of the reform of small and medium-sized financial institutions, all of which indicate that the competition of commercial banks is intensifying. Under the new situation, how to intensify disposal, speed up the progress of disposal, and adapt to the impact of the new economic form on the disposal of non-performing loans has become a common problem facing commercial banks. At the same time, the Company Law, which will come into effect on July 1, 2024, has undergone significant changes in the relevant content on the protection of the interests of creditors, and has made many substantive amendments, which will have a greater impact on the disposal of creditor's rights, which is the most common in the operation of non-performing assets. The promulgation of the Judicial Interpretation of the General Principles of Contracts of the Civil Code has also had an important impact on the security of creditor's rights and the disposal of non-performing assets.

Who is involved

middle and senior risk management personnel, internal control and compliance management personnel, legal affairs management personnel, credit approval personnel, asset preservation personnel, relationship managers, etc. Department (team) leaders or business backbones of trusts, securities company asset management, financial leasing, factoring, financial holding groups, the four major AMCs, local AMCs, special opportunities investment funds, asset management companies, listed companies, investment companies, big data companies, investment and financing consulting companies, asset appraisal institutions, accounting firms, law firms and other institutions.

(1) Analysis of the current non-performing asset market environment and the latest non-performing asset regulatory policies

(2) The impact of the new revision of the Company Law on the disposal of creditor's rights and the difficult problems of non-performing assets

1. A general overview of the new revision of the Company Law

2. The term of the company's capital subscription

3. Paid-in system for companies limited by shares

4. Horizontal legal person personality denial system

5. The expiration of the term of shareholders' capital contribution is accelerated

6. Personal responsibility of directors, supervisors and senior executives

7. Debt contribution and equity contribution

8. Scope of shareholders' right to know

9. Joint and several liability of former and former shareholders

10. The duty of loyalty and diligence of the company's liquidation obligor

11. Shadow director and senior management system

12. Loss of Rights Rules and Debt Evasion

13. The creditors need to be notified of the capital reduction and reduction period of the existing company

14. The impact of the new law on the enforcement rules

15. Publicity of national enterprise credit information

(3) Business model innovation, transaction structure design and classic case analysis of non-performing assets

1. The main business models and conversion skills of non-performing assets, such as the main business, matching transactions, channels and labor added value

2. Design of structured transactions and disposal plans for various non-performing assets - case analysis

(4) 12 effective methods and 200 problems and countermeasures for disposing of non-performing assets - 120 classic cases and practical operations

1. The overall idea and method of disposing of non-performing assets

2. Five problems and countermeasures for routine collection of non-performing loans

3. Reinforcement, reduction, and five problems and countermeasures for poor collection

4. Four problems and countermeasures of non-performing loan restructuring and transformation

5. 140 problems and countermeasures for the collection of non-performing loans in accordance with the law

6. Five problems and countermeasures for the write-off of bad debts

7. Use the Internet to speed up the disposal of non-performing assets five problems and countermeasures

8. Eight issues concerning the collection of non-performing loans by single-family transfer of creditor's rights

9. Identify six problems and countermeasures for timely collection of potential non-performing loans in advance

10. Five problems and countermeasures of non-performing asset securitization

11. 20 problems and countermeasures for the collection of non-performing loans by repaying debts in kind

12. Fifteen problems and countermeasures for batch transfer of non-performing loans

13. Eight problems and countermeasures for the disposal of non-performing loans in debt-to-equity swaps

14. Pay attention to 17 matters in the collection of non-performing loans

The growth space of non-performing assets in the context of new industries

(1) Analysis of various business formats in the current non-performing asset industry

(2) Several basic conditions that need to be met for investment in non-performing assets

(3) The financial environment and future trend of the non-performing asset industry

(4) New ideas for coping with changes in the cycle of non-performing assets

1. The survival status of the non-performing asset industry

2. How to establish a standardized business model

3. The basic principles of asset allocation

4. Determine the outlets of non-performing assets and how to grasp investment opportunities

(5) Non-performing asset investment innovation and business transformation

1. Several business models under asset-light operation - matchmaking, channel and buying services

2. New ideas for breaking the situation of non-performing financial institutions in small and medium-sized financial institutions - structured transactions in the context of real transactions

3. Participate in the investment of non-performing assets and resolve the risks of large-scale platforms with the help of AMC tools

(6) Establish a bridge relationship with asset management companies (AMCs).

1. Non-performing asset acquisition channels and pricing models

2. Business rules and potential risks that should be paid attention to in the investment and acquisition process

3. Dispose of non-performing assets with the help of AMC's professional tools

(7) Maximizing the value of investment management of non-performing assets

1. Guidance and special countermeasures for the classification of non-performing assets

2. Operation management and value enhancement of non-performing assets

3. The main means, identification methods and coping strategies for debt evasion

(8) Analysis and case sharing of non-performing asset disposal models commonly used in the market

1. The role of creditor committees of financial institutions in resolving the risk of non-performing assets

2. The main types of debt repayment in kind and the application of tax policy leverage

3. Theoretical model and case sharing of debt-to-equity swap

4. The theoretical model of bankruptcy reorganization and common benefit debts and the case analysis of the disposal of entity enterprises and the resolution of the risk of unfinished buildings

5. Asset securitization application model and case analysis

1. Discussion on the mode, dilemma and problems of non-performing personal loan disposal and the solution path

(1) A new blue ocean of non-performing personal loans?

1. The concept of non-performing personal loans and the market size and market analysis of non-performing personal loans

2. Policy evolution of batch transfer of non-performing personal loans

3. The market structure of batch disposal of personal non-performing loans

4. New blue ocean: the blowout growth of non-performing personal loans

(2) The existing model of personal loan disposal

1. The model of bank personal loan disposal

(1) Outsourcing collection

(2) Transfer of non-performing assets

(3) Self-disposal

(4) Diversified disposal

2. At present, the main disposal methods of non-performing assets of personal loans

(1) Collection

(2) Mediation

(3) Pre-litigation preservation

(4) Arbitration and litigation

(3) The current difficulties and problems faced by the disposal of personal loans

(4) Discussion on the development direction of non-performing personal loans and the new path of personal loan disposal

1. Actively explore the practice path of "non-litigation mediation organizations".

2. Discussion on the path of self-disposal

3. Overview of multiple dispute resolution models

4. "Notarization + Enforcement" non-litigation resolution mechanism

5. Construct an "integrated reminder and appeal" disposal system

6. The impact of the Judicial Interpretation of the Supreme People's Court on the Jurisdiction of Online Consumer Contract Dispute Cases (Draft for Comments) on the disposal of personal loans

II. Legal Practice of Financial Compliance and Disposal of Non-performing Assets from the Perspective of the Judicial Interpretation of the General Provisions of the Civil Code on Contracts

1. Standard terms

2. Reservation and this agreement

3. Seal and authorization

4. Judicial auction

5. Subrogation

6. Right of withdrawal

7. Vies guarantee and viress representation

8. Conspiracy to hypocrisy and yin-yang contracts

9. The name does not match the reality