Special Purpose Entity as Means to Materialize Securitization Operations of Real Estate Credits

• Main Author: Carolina Catizane de Oliveira Almeida
• Format: Article
• Language: Portuguese
• Published: Conselho Nacional de Pesquisa e Pós-graduação em Direito (CONPEDI) 2015-12-01
• Series: Revista Brasileira de Direito Empresarial
• Subjects: Sociedade de propósito específico SPE; Securitização; Créditos imobiliários
• Online Access: http://www.indexlaw.org/index.php/direitoempresarial/article/view/612

This article aims to demonstrate the advantages of using special purpose entities in securitization transactions, through careful study, analysis of this corporate type and the institute under discussion. Thus, this work argues basically on the concept, nature, means of constitution, the rights and duties of partners and the extinction of the corporate type named special purpose entity, what is done after a detailed study of related legislation, doctrine and jurisprudence. This article also covers securitization transactions, bringing a brief history of its development in Brazil, as well as its concept, related laws, and finally exposes the benefit of employing the special purpose entity to materialize securitization operations of real estate credits.