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1. Parties transfer property in financing transactions in a number of ways

  • sale of a specific loan by a lender such as a syndicated loan.
  • reasons:
    • to realise capital or take advantage of new lending opportunities;
    • change the dynamics of its loan portfolio ie diversifying its portfolio;
    • reduce its capital requirements (ie banks have to maintain a certain percentage of capital to cover for its existing loan obligations);
    • may wish to crystalise a loss on the loan where the borrower runs into difficulties (ie a distressed debt where there is an active market).
    • to insulate payments on the issued debentures from the claims of entities, including the transferor/originator of the assets, that are either unrated or have credit ratings lower than the desired credit rating on the debentures
  • transfer of property such as a portfolio of receivables eg. residential loans, credit card debt, aircraft leases and other types of receivables to be used to generate cash flow in a securitisation transaction (such as by the issue of debentures).
    • reasons:
      • to legally isolate the underlying assets from the insolvency of the transferor/originator of those assets, enabling purchasers of the debentures to consider the creditworthiness of the underlying assets independent of the creditworthiness of the transferor/originator.
      • to insulate payments on the issued debentures from the claims of entities, including the transferor/originator of the assets, that are either unrated or have credit ratings lower than the desired credit rating on the debentures.