Securitization & Structured Finance

"When it comes to quality of service, Bae, Kim & Lee are one of the best in Korea. Very satisfied with the quality of legal advice, efficiency of service and overall support from the group"

- The Legal 500 Asia Pacific

Overview

BKL assists clients with securitization in all asset classes and structural features and provides top-quality services in relation to securitization and structured finance based on our market leading expertise and track record of numerous innovative transactions.

Our Finance Group is able to bring to bear comprehensive resources and one of the deepest benches in Korea to advise on all matters related to securitization and structured finance in domestic and cross-border deals, including various asset classes such as receivables, real estate and securities, structuring, entity formation, documentation and negotiation. Our Finance Group consists of attorneys with extensive experience as well as specialists with experience from the Financial Services Commission, the Financial Supervisory Service, the Ministry of Economy and Finance, the Korea Exchange and other related Korean supervisory authorities who provide a unique insight to identify and resolve regulatory concerns. This allows us to collectively identify legal issues, provide workable solutions, manage transactions and deliver any other services required for client needs in a seamless manner.

Our expertise and experience are demonstrated by the wide recognition our Finance Group has received from internationally renowned legal publications such as Chambers, IFLR, Legal 500 and ALB.

Key Services

Advise on deal structures and solve legal issues
Draft, review and negotiate transaction documentations
Advise on various types of securitization transactions such as those governed by the Asset-Backed Securitization Act, non-standard securitization, ABL, ABS, ABCP, ABSTB and CBO, as well as other alternative transactions incorporating structured finance techniques
Advise on various underlying asset categories, including loans, trade receivables, credit card receivables, intermediate payment receivables, deposits, stock, real estate, business interests and intellectual property rights such as trademarks
Advise domestic and overseas financial institutions on various cross-border deals such as securitizations of credit card receivables, covered bond issuance programs and NPL-backed securitization programs
Provide optimal solutions to tax related issues in collaboration with BKL’s tax specialists

Representative Cases

Advised on the sales of non-performing loan assets via securitizations by Korea Asset Management Corporation, the Korea Deposit Insurance Corporation and other financial institutions
Advised on the purchases and securitizations of non-performing loan assets for GE Capital, Merrill Lynch, Shinsei Bank, Clearwater Capital, JPMorgan and ADM Capital
Advised on Hyundai Merchant Marine’s issuance of ABCP utilizing freight receivables as underlying assets, the first securitization using trust structures in Korea
Advised on the E-Mart stores securitization
Advised Doosan Heavy Industries & Construction on a construction receivables securitization
Advised on the Winpac account receivables securitization
Advised on the CJ Freshway logistics center securitization
Advised on the Miele future sales receivables securitization
Advised on the Blue Island Development stock securitization
Advised on the SeAH Special Steel stock-related securitization
Advised on the sales of non-performing loan assets via securitizations by Korea Asset Management Corporation, the Korea Deposit Insurance Corporation and other financial institutions
Advised on the purchases and securitizations of non-performing loan assets for GE Capital, Merrill Lynch, Shinsei Bank, Clearwater Capital, JPMorgan and ADM Capital
Advised on the issuance of CBOs and Primary CBOs, utilizing trust assets as underlying assets, by the Korea Investment Trust
Advised on Hyundai Merchant Marine’s issuance of ABCP utilizing freight receivables as underlying assets, the first securitization using trust structures in Korea
Advised on the securitization of future accounts receivable by Hyundai Oilbank and Dreamline
Advised on the securitization of foreign-currency assets by the Export-Import Bank of Korea (export finance loans), the Korea Asset Management Corporation (special bonds), Samsung Capital (automobile installment loan receivables) and Samsung Card (card receivables)
Advised on the Korea Housing Finance Corporation’s securitization of housing mortgage bonds and student loan bonds
Advised on issuances of foreign currency ABS involving card receivables by Shinhan Card and Samsung Card
Advised Fitch Ratings and other foreign rating agencies on Korean law issues related to overseas ABS and covered bond issuances by domestic financial institutions