The normal process of asset management company's external transfer of creditor's rights is legal. Foreign transfer of creditor's rights belongs to financial bad debts, and transfer of creditor's rights is a very economical way for asset management companies to dispose of assets. But it is illegal to collude maliciously in private. In recent years, the disputes caused by the transfer of financial non-performing creditor's rights are increasing day by day, and such cases have attracted much attention because of their extensive social influence, which has impacted the balance of interests of all parties in the litigation cases of financial non-performing creditor's rights transfer.
Asset management risk
Due to the lack of relevant laws, regulations and judicial interpretations, the financial asset management company's acquisition of huge non-performing loans from state-owned commercial banks and the re-transfer of financial non-performing claims have hidden a lot of legal risks. On the basis of analyzing the legal relationship of non-performing assets acquisition and related issues, this paper analyzes the problems existing in the non-performing creditor's rights transfer business of financial asset management companies, such as the qualification of creditor's rights transferee and the sale of non-performing assets to foreign capital.