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History of Securitisation in China

Legal Evolution, Opportunities, and Challenges

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China’s asset-backed securitization (ABS) market has evolved from a tightly controlled pilot program into one of the world’s largest and most distinctive securitization ecosystems. While still younger than its U.S. and European counterparts, China’s ABS market plays an increasingly central role in credit intermediation, balance-sheet management, and capital-markets development.

Understanding this market requires looking beyond issuance volumes and into the legal structures, regulatory architecture, and policy objectives that shape how securitization works in the People’s Republic of China.


What Makes China’s ABS Market Different

At a high level, asset-backed securitization transforms illiquid assets—such as loans or receivables—into tradable securities backed by predictable cash flows. While the concept is global, China’s implementation reflects domestic legal traditions, regulatory priorities, and financial-stability considerations.

Unlike Western securitization markets that rely heavily on bankruptcy-remote special purpose vehicles governed by detailed statutory frameworks, China’s ABS regime is largely regulatory-driven, with structures built around trust law and asset management schemes rather than corporate SPVs.


The Evolution of Securitization in China

China first introduced securitization through limited pilot programs in the mid-2000s. Early efforts focused on allowing banks to offload credit assets and improve capital efficiency under close regulatory supervision.

After a pause during the global financial crisis, securitization re-emerged in the early 2010s as a policy tool designed to:

  • Improve capital allocation efficiency
  • Reduce reliance on shadow banking channels
  • Diversify funding sources beyond traditional bank loans
  • Support deleveraging without choking off credit

Since then, issuance volumes have grown rapidly, with securitization becoming an established component of China’s onshore capital markets.


The Two-Track Securitization Framework

China operates a dual securitization system, reflecting different types of issuers and assets.

1. Credit Asset Securitization (CAS)

Credit Asset Securitization is primarily used by regulated financial institutions, including banks.

  • Regulatory oversight: People’s Bank of China and China Banking Regulatory Commission
  • Legal structure: Special purpose trusts under PRC trust law
  • Typical assets: Residential mortgages, auto loans, corporate loans, and other bank credit exposures

CAS transactions allow banks to transfer loan assets into trust vehicles, freeing up regulatory capital while maintaining investor confidence through structured credit enhancement.


2. Asset-Backed Specific Plans (ABSP)

Asset-Backed Specific Plans are designed primarily for non-financial corporate issuers.

  • Regulatory oversight: China Securities Regulatory Commission
  • Legal structure: Asset management plans rather than trusts
  • Typical assets: Trade receivables, infrastructure revenue streams, lease payments, and other corporate cash-flow assets

ABSP structures broaden access to securitization beyond the banking sector, enabling corporates to tap capital markets directly while remaining within a regulated framework.


Rapid Growth — With Structural Constraints

China’s ABS issuance expanded dramatically in the years following the market’s revival, reaching hundreds of billions of dollars in outstanding volume. This growth reflects strong institutional demand and continued policy support.

However, expansion has occurred alongside important structural limitations:

  • Many securitization rules are set through regulatory guidance rather than comprehensive legislation
  • Insolvency treatment of securitized assets relies more on policy interpretation than judicial precedent
  • Registration and perfection requirements for underlying assets can be complex and asset-specific

As a result, transaction structuring in China often prioritizes regulatory certainty over legal elegance, especially when compared to common-law securitization jurisdictions.


Limited Statutory Codification

Unlike mature securitization markets, China does not yet have a single, unified securitization statute. Market practice is guided by regulator-issued rules that may evolve quickly in response to macroeconomic conditions.

Trust-Based Asset Isolation

While trust structures provide a form of asset segregation, their treatment in extreme insolvency scenarios has limited case law, requiring conservative transaction design.

Operational Complexity

Cash-flow control, account pledges, and asset registration procedures often require bespoke solutions depending on asset class and jurisdiction.


Why ABS Matters in China’s Financial System

Securitization in China is not merely a financing technique—it is a policy instrument.

It supports:

  • Balance-sheet optimization for banks
  • Market-based pricing of credit risk
  • Controlled migration of credit activity away from opaque shadow-banking channels
  • Capital-markets deepening without full liberalization

As a result, regulatory tolerance for ABS issuance tends to rise and fall with broader macro-policy objectives rather than purely market forces.


Looking Ahead

China’s ABS market is likely to continue evolving along three dimensions:

  1. Greater standardization as regulators refine rules and templates
  2. Broader asset classes, including consumer finance and infrastructure-linked cash flows
  3. Deeper institutional participation, especially from insurers and asset managers

For global investors and structurers, success in this market depends less on importing Western securitization models and more on understanding how legal form, regulatory intent, and policy goals intersect in China’s financial system.


Conclusion

China’s asset-backed securitization market reflects the country’s broader approach to financial reform: gradual, regulated, and policy-driven. While structurally distinct from Western ABS markets, it has proven capable of scaling rapidly while maintaining systemic control.

For participants willing to engage with its legal nuances and regulatory logic, China’s ABS market offers both depth and durability—and a window into how large, evolving economies adapt global financial tools to local realities.

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