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’s Finance Group provides top-tier legal advisory services related to securitization and structured finance, based on its high level of expertise and extensive experience.

BKL’s Finance Group is staffed not only with domestic attorneys who possess specialized expertise and experience in the various areas of securitization and structured finance transactions, but also foreign attorneys with relevant experience from leading international law firms. In addition, experts from regulatory authorities and related institutions, such as the Financial Services Commission, the Financial Supervisory Service, the Korea Exchange, and the Ministry of Economy and Finance, collaborate to discuss and resolve transaction-related issues. This collective expertise allows the group to offer a one-stop service that integrates all legal services across all aspects required by clients.

BKL’s Finance Group provides comprehensive and in-depth legal advisory services across the entire spectrum of securitization and structured finance transactions, including designing structured finance transaction structures for various underlying assets by reflecting market trends, drafting and executing transaction documents, coordinating with regulatory authorities and credit rating agencies, planning asset securitization and registering asset transfers, and reviewing and filing foreign exchange issues. The group continues to build on its experience and legacy of providing legal advice as transaction counsel for the first-ever securitization transaction based on future accounts receivables in Korea.

BKL's Finance Group has consistently received high rankings from globally renowned legal media outlets 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