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杜国栋|企业融资与实控人担保:最适合跨境执行的债权债务模式
Sou Hu Cai Jing· 2025-07-18 11:12
Core Viewpoint - The "corporate financing + actual controller guarantee" model effectively expands the range of recoverable assets for creditors in cross-border debt recovery, overcoming the limitations of traditional domestic recovery methods [1][6][12]. Group 1: Model Characteristics - The model allows creditors to pursue the global assets of the actual controller, thus providing a more efficient recovery path compared to traditional methods that are often limited by the debtor's asset availability [1][6][12]. - In typical financing transactions, creditors require multiple enhancement measures, with the most critical being the personal joint liability guarantee from the actual controller [4][12]. Group 2: Market Context - As of 2024, the scale of non-performing asset disposal in the banking sector reached 3.8 trillion yuan, with corporate financing significantly dominating the debt structure compared to personal loans [5]. - The trend of increasing domestic debt and the phenomenon of debtors transferring assets overseas to evade repayment obligations have made traditional recovery methods less effective [1][12]. Group 3: Strategic Advantages - The model enhances recovery rates by allowing creditors to access a broader range of assets, including high-value personal properties and investments held by the actual controller, both domestically and internationally [8][12]. - Legal frameworks such as the Uniform Fraudulent Transfer Act (UFTA) in the U.S. provide strong tools for creditors to counter asset transfer strategies employed by debtors [9][10]. Group 4: Global Asset Configuration - The model aligns with the trend of global asset allocation, as debtors often use offshore companies and trusts to hide assets, but established legal tools enable creditors to effectively address these complexities [12][13]. - The actual controller's wealth often exceeds the remaining assets of the company, particularly among high-net-worth individuals who commonly invest in overseas assets [7][12]. Group 5: Future Implications - The adoption of the "corporate financing + actual controller guarantee" model is crucial for Chinese financial creditors to maintain their rights and resolve debt issues in the increasingly complex global financial environment [13].