商业银行跨境债权转让的法律分析

Legal Analysis on Commercial Bank's Cross-Border Assignment of Creditor's Rights

为应对短期外债指标调减的影响,境内外资银行采取不通知债务人的跨境债权转让方式,试图从其境外联行融入外汇资金后将外债责任转嫁给债务人。本文对该种外汇业务进行全方位的法律分析,以昭示其真实本质,规范商业银行的经营行为。

To respond to the impact of decreasing short-term foreign debt quotas, foreign-invested~ banks in China have adopted cross-border assignment of creditor/s rights without notification to debtors, trying to transfer the foreign debt obligations/liabilities to debtors after they obtain foreign exchange funds from their offshore affiliates. This article analyzes such foreign exchange transaction from all aspects and disclosed its real nature, so as to business operation of commercial banks.