Since the 1970s, securitization has become a major financial technique
in the international financial arena. Most developed countries and some
developing countries utilize it for financing and hedging credit risks.
After the Basel II Accord was released in June 2004, true sale
securitization transactions play an increasingly important role for
banks to find cheap funding and therefore to gain or increase their
competitiveness. All member states of the European Union will implement
the Basel II Accord into their domestic laws. German banks and the
German Federal Ministry of Finance are seeking new methods and policies
to support them. The incentive for this study is provided by the
similarities between the German and Chinese financial system. In
addition, due to China's commitments to the World Trade Organization
(WTO) China is under huge pressures to open its financial market to
foreign banks. Analyzing the legal obstacles that lie in true sale
securitization transactions in Germany, I will draw some useful
conclusions for developing securitization in China.