JP2002015130A - How to liquidate rent receivables - Google Patents

Abstract

(57) [Summary] [Problem] This is a method of liquidating rent receivables for liquidating rent receivables such as buildings, and increasing the types of receivables to be liquidated. A trust (X trust bank) 13 transfers a building rent claim held by a consignor (B real estate company) 11 to a debtor (A corporation) 12 who has concluded the lease contract, The trustee (X trust bank) 13 sells and trusts the beneficiary right of the building rent receivable to the investor 14, and provides the trustee (B real estate company) 11 with the beneficiary right price. Financing can be carried out, and real estate agents, etc., which were not so much targeted in the conventional liquidation of monetary receivables, can also benefit from the financing by liquidating monetary receivables.

Description

DETAILED DESCRIPTION OF THE INVENTION

[0001]

BACKGROUND OF THE INVENTION 1. Field of the Invention The present invention relates to a method for liquidating rent receivables for liquidating rent receivables such as buildings.

[0002]

2. Description of the Related Art Conventionally, the main monetary receivables that have been liquidated in the financial market include bill receivables, accounts receivable, lease receivables held by leasing companies, and credit companies held by general business operators. Installment receivables.

[0003] These monetary receivables are trusted by a trust bank, for example, when the receivable holder wants to raise funds, and the trust bank sells the beneficiary right of the receivables to investors to raise funds. Has been fluidized.

[0004]

However, only the main monetary receivables which have been the subject of the conventional liquidation,
For example, in the case described above, there is a problem in that the types of credit holders who can enjoy the benefits of financing by liquidation are limited to leasing companies, credit companies, and general businesses.

Accordingly, liquidation of rent receivables owned by real estate agents or the like is newly considered.

[0006] However, in the case of this rent claim,
There is a risk of loss of rights under Article 63 of the Bankruptcy Law, which states that if a debtor goes bankrupt, the transfer of the debt cannot be countered by the bankruptcy trustee, and there is a risk of loss of rights according to Article 63 of the Bankruptcy Law. There is a risk,
There is a problem with liquidation that depends on the value of the underlying loan.

The present invention has been made in view of the above problems, and a first object of the present invention is to provide a method for liquidating rent receivables, which makes it possible to increase the types of receivables to be liquidated. Is to do.

It is a second object of the present invention to provide a rent receivable liquidation method capable of appropriately complementing a specific risk in rent receivable liquidation.

[0009]

That is, a method for liquidating rent receivables according to claim 1 of the present invention comprises a rent receivable receiving step of receiving a rent receivable held by a consignor and transferred from the consignor in trust. Selling the beneficiary right of the rent receivable transferred from the consignor to the investor in the rent receivable receiving step, and selling the beneficiary right of the rent receivable to the investor in the beneficiary right selling step. And a fund procurement step of paying the beneficiary right price obtained according to the above as a procurement fund to the client.

[0010] In the method of rent receivable liquidation according to claim 1 of the present invention, a rent receivable held by a consignor and transferred from the consignor is received, and the rent receivable transferred from the trust is transferred. By selling the beneficiary right to the investor, the beneficiary right price obtained in accordance with the sale of the beneficiary right of the rent receivable to the investor is paid to the consignor as financing for the rent receivable. Owning real estate agents will also be able to enjoy the benefits of raising funds by liquidating monetary claims.

[0011] The rent receivable liquidation method according to claim 2 of the present invention is the rent receivable liquidation method according to claim 1, wherein the rent receivable is concluded by the consignor under a lease agreement. Building rent receivables held by debtors
A rent collection step for collecting rent paid from the debtor based on the building rent receivable transferred from the consignor in trust; and receiving a trust fee based on the rent collected from the debtor in the rent collection step. A profit distribution step of paying and redeeming the investor.

[0012] According to the method of rent receivable securitization according to claim 2 of the present invention, further, the rent paid by the obligor based on the building rent receivable transferred from the trustee by the trust is collected, and Trust fees will be received based on the rent collected from the investors, and dividends and redemptions will be made to the investors.

[0013] The rent receivable securitization method according to claim 3 of the present invention is the rent receivable securitization method according to claim 2, further comprising: A debt monitoring step for monitoring a situation in which it is difficult to collect rent from the debtor based on a beneficiary right of the building rent receivable transferred from the trustee, and collecting the rent from the debtor in the debt monitoring step Is determined to have arisen in the building rent claim transferred from the trustee to the trustee, the trustee may add another building rent claim to the debtor in additional trust or other And a step of adding / exchanging claims for exchanging with building rent claims.

[0014] In the method for rent receivable securitization according to claim 3 of the present invention, further, in the case where the consignor does not go bankrupt, the benefit of the building rent receivable transferred by trust from the consignor is further increased. Monitors and determines that it is difficult to collect rent from the debtor based on the right, and determines that this causes difficulty in collecting rent from the debtor in the building rent receivable transferred by trust from the client. In this case, other building rent receivables held by the consignor against the debtor are exchanged for additional trusts or other building rent receivables, for example, rent reduction or retirement for the debtor, This will reduce the risk of rent receivables disappearing due to the loss of rental properties due to natural disasters.

[0015] In a fourth aspect of the present invention, in the rent receivable liquidation method according to the third aspect, the step of adding / exchanging the receivables comprises the step of adding / exchanging the receivables. If it is determined that the situation in which rent collection becomes difficult has occurred in the building rent receivable transferred by trust from the consignor, the rent is determined from among other building rent receivables held by the consignor against the debtor. It is characterized in that building rent receivables corresponding to the difficult-to-collect portion are selected and added or exchanged.

According to the method for rent receivable securitization according to claim 4 of the present invention, the situation in which it is difficult to collect rent from the borrower occurs in the building rent receivable transferred from the trustee by the trustee. If determined, the building rent receivable corresponding to the difficult rent collection amount is selected from among the other building rent receivables held by the consignor with respect to the debtor, and is additionally trusted or exchanged. Will be.

[0017]

Embodiments of the present invention will be described below with reference to the drawings.

FIG. 1 is a diagram showing the configuration of a building rent receivable trust system according to an embodiment of the method for rent receivable securitization of the present invention. FIG. 1A shows the configuration of the trust system accompanying the start of the trust. FIG. 1B is a diagram showing the configuration of the trust system during the trust period.

This building rent receivables trust system includes a consignor (for example, a real estate company B) 11 that holds building rent receivables of a plurality of properties and transfers the receivables in trust for financing, and a plurality of consignors 11 A borrower (for example, A Co., Ltd.) 12 who is required to pay a rent by signing a separate lease contract for each of the rental properties 1, 2,..., Receiving the building rent receivable transferred from the consignor 11 in trust and investing the beneficial interest House 14
To raise funds for the client 11
A trustee (for example, X Trust Bank) 13 that collects rent from the obligor 12 related to the entrusted rent receivable and distributes and redeems the rent to the beneficiary investor 14, and a building transferred to the trustee 13 It consists of an investor 14 who purchases beneficiary rights of rent claims and receives dividends and redemptions.

In the present embodiment, a plurality of building rent receivables held by the consignor (B real estate company) 11 are the respective rent receivables of the properties 1, 2, 2, ... respectively.

The building rent receivable transferred from the consignor (B real estate company) 11 to the trustee (X trust bank) 13 is a debtor regardless of the rent receivable of any of the properties 1, 2,. (A Co., Ltd.) 12 has accepted the transfer of the claim without objection.

The consignor (B real estate company) 11 transfers the building rent receivable of the debtor (A Co., Ltd.) 12, for example, concerning the property 1 to the trustee (X trust bank) 13, and calculates the receivable from the face value of the receivable. Funds are raised by receiving the principal amount of the trust as the price of the beneficiary right, which is the amount equivalent to the interest rate during the trust period.

The trustee (X trust bank) 13 has a trustee (B
A certain portion of the trust fee of the building rent receivable transferred from the real estate company 11 and the rent collected from the debtor (A Corporation) 12 is regarded as profit.

The investor 14 is a trustee (B trust bank) 13
Through the beneficiary right of the building rent claim on the property 1 purchased through the trustee (B Trust Bank) 13, the creditor (A Corporation) 12 collects the dividend and redemption based on the rent.

Here, the trustee (B trust bank) 13 pays dividends and redemptions to the investor 14 based on the rent from the creditor (A Corporation) 12 collected based on the building rent claim on the property 1. During the trust period, for example, a reduction in the rent of the property 1 to the debtor 12 or a decrease in the debtor 12
Accidents that make it difficult to collect rent, such as moving out of Property 1 or losing the building of Property 1 due to natural disaster,
If there is a fear that the receivables will disappear, each building rent receivable for the property 2, 3,... N held by the consignor (B real estate company) 11 based on a separate lease agreement with the debtor (A corporation) 12 From among the above, the building rent receivables of the property having the value of the receivables sufficient to maintain the value of the trust receivables immediately before the occurrence of the accident are selected and added to the trust or exchanged. The cash flow of the dividend and redemption for 14 is secured.

Next, the terms and conditions for operating the building rent receivables trust system having the above-described configuration will be described.

[Building Rent Claim Trust Agreement] [Contract number: 12345 Product name: Stampfli-abcd
e] Article 1 (Purpose of Trust) In accordance with the provisions below, the Consignor manages the Building Rental Receivables (defined in Article 2) owned by himself / herself for beneficiaries (including receipt of rent). , Disposition and transfer of beneficiary rights by the trustee for the purpose of financing, and the trustee shall undertake the trust (hereinafter referred to as the “Trust”).
Or "the Trust Agreement." ).

Article 2 (Definition of Building Rent Claims) The Building Rental Receivables in the Trust refer to the A Co., Ltd. (hereinafter “A”) based on the lease agreement described in Exhibit 1 (not attached to the present embodiment) (hereinafter referred to as “the Lease Agreement”). (Hereinafter referred to as the “Building Rent Claim”) with respect to any claim for delayed damages, interest, or any other name pursuant to the Lease Agreement. Includes claims that have the property of being a value substitute for building rent claims.

2. In addition to the preceding paragraph, the Building Rental Claim shall meet all of the following requirements.

(1) With respect to the Building Rental Claim, the following requirements must be satisfied on the Trust Agreement Date.

(1) The Building Rental Claim belongs to the client only, and only the client has the authority to dispose of the claim.

(2) The Building Rental Claim is lawful, valid and binding, and is generated under the Lease Agreement which can be executed in accordance with this clause. And fulfills the obligations under the Lease Agreement.

(3) With respect to the Lease Agreement, no delay in the performance of Company A or other default has occurred, and there is no reason for loss of profit of Company A's payment obligations under the contract or the legal time limit. Not that.

(4) The Lease Agreement is invalid, canceled,
Cancellation, renewal, repayment, offsetting, exemption of the Building Rental Receivable, extinguishment of all or part of the Building Rental Receivable, or any defense grounds that Company A may refuse to fulfill on the due date; and Company A has not made such a claim, and there is no fear of that.

(5) The building rent claim has not been filed by a third party for provisional seizure, provisional disposal, compulsory execution, auction, etc., and other rights that may or may damage the Trust. , No burden.

(6) Regarding the Building Rental Claim, the consignor has not concluded a special agreement with Company A to prohibit the transfer of the rent, or if such special agreement exists, Company A abandons it in writing Doing things.

(7) With respect to the Building Rental Claim and the accompanying rights, the terms and conditions of the Lease Agreement are changed, exempted or waived, or transferred to a third party, sold, a security interest, or other beneficiaries of the Trust No action has been taken that might harm the rights, and the client has no obligation to perform such action in the future for a third party.

(8) In connection with the Lease Agreement or the Building Rental Claim, any litigation, arbitration, mediation, or any other dispute or any other dispute may be pending or occurred with Company A or any other third party. And there is no danger.

(9) The Building Rental Receivable is not generated by a contract violating laws and regulations, but is generated in the course of the client's normal business activities.

(10) The transfer of the building rent receivables based on the trust to the consignor of the written consent of the transfer of receivables from Company A has been properly implemented in accordance with the provisions of Article 3.2. thing.

(2) The following reasons do not exist or are not likely to exist for Company A at the time of entering into the Trust Agreement.

(1) Bankruptcy, commencement of reconciliation, start of corporate rehabilitation proceedings,
Petition for commencement of corporate liquidation or special clearing (2) Transaction suspension at the counterparty financial institution or clearing house (3) Petition for provisional seizure, provisional disposal, compulsory execution or auction of the property held by the corporation (4) Tax and public dues (5) Merger or business or transfer of important assets (6) Resolution or order to dissolve (7) Suspension or abolition of business, or disposition of business suspension by a competent government agency, etc. (8 ) Failure to fulfill the obligations under the Lease Agreement, occurrence of an event of termination under the Agreement or event of loss of profits, or the inability to collect the Building Rental Receivables from Company A. (9) Other preservation of the Building Rental Claims subject to the Trust 2. The circumstances that the trustee finds to affect If it is determined that any of the Building Rental Claims did not meet any of the requirements set forth in this Article at the time of entering into the Trust Agreement, the Trustee shall repurchase the Building Rental Claims at par. Alternatively, the exchange set forth in Article 10 may be requested from the client.

Article 3 (Transfer of Building Rent Claims) The Trustee shall transfer the Building Rental Claim and all rights and interests associated with it to the Trustee by fulfilling the obligations set forth below in the Trust.

2. The Consignor shall obtain an undisputed consent with a fixed date from Company A for the transfer of the Building Rental Claim set forth in the preceding paragraph.

3. The Consignor may change, exempt, or abandon the terms of the Lease Agreement, transfer, sell, set up collateral, or otherwise provide the Building Rental Receivables and any collateral rights, guarantees, etc., to any third party other than the Trustee. Any act that may cause serious damage to the trust (including, but not limited to, the transfer of the rental property and provision of collateral) shall not be performed.

4. After setting up the Trust, the Consignor shall properly fulfill its obligations as a lessor under the Lease Agreement in accordance with applicable laws and regulations and the terms of the Lease Agreement.

5. In the event that the duties of the client set forth in this Article are not fulfilled, the trustee shall
You may request the client to repurchase the card at its par value or exchange it as specified in Article 10.

Article 4 (Delivery of the Lease Agreement, etc.) In the case of the Trust, the Consignor shall provide the Lease Agreement, which is the cause of the Building Rental Claim, the security right attached to the Building Rental Claim, and the certificate of guarantee relating to the guarantee. , And other related documents related to the Building Rental Claim (hereinafter referred to as “related documents”).
Collectively. ) To the Trustee. However,
After consultation between the trustee and the trustee, all or part of it may be stored at the trustee on behalf of the trustee.

Article 5 (Public Notice of Trust) Unless deemed necessary by the trustee, the trust property may reserve, register, or retain and display the trust.

2. If the trustee deems it necessary, the trustee shall promptly take steps to register, register or display and describe the trust property of the trust property. The cost in this case shall be borne by the client.

Article 6 (Definition of Trust Principal and Revenue) In the Trust, the amount obtained by applying the discounted annual rate of α% to the par value of the Building Rental Receivables receivable will be used as the principal of the trust, and interest and other profits generated from the trust property will be income.

2. The principal beneficiary of the principal and revenue of the Trust will be the trustee.

Article 7 (Beneficiary right) The beneficiary rights of the Trust are the first beneficiary right and the second beneficiary right.
Type.

2. The total amount of the initial trust principal of the first and second beneficiary rights is as follows.

The first beneficiary right β yen The second beneficiary right γ yen The beneficiary of the second beneficiary right is the client.

Article 8 (Division of Beneficiary Rights and Issuance of Beneficiary Certificate) The beneficiary right shall not be split unless the trustee approves it at the request of the beneficiary.

2. The trustee shall prepare and issue a beneficiary certificate to prove the beneficiary right of the trust principal and trust revenue based on the trust. The beneficiary certificate includes:
The contract contents of the trust shall be stated or a document stating the contract contents of the trust shall be attached. However, the issuance of the beneficiary certificate to the initial beneficiary may be omitted.

3. If the beneficiary transfers the beneficiary right in accordance with the provisions of Article 9, the trustee shall collect the old beneficiary right certificate and deliver the new beneficiary right certificate to the transferee.

Article 9 (Disposition of Beneficiary Rights) The beneficiary shall not transfer the beneficiary right to a third party without the consent of the trustee.

2. In the event that the trustee accepts the transfer of the beneficiary right, the trustee shall mediate such transfer or transfer the beneficiary right from the transferor and then transfer it to a third party.

3. The beneficiary may not use the beneficiary right as a pledge, transfer security right or any other security interest.

Article 10 (Addition / Exchange of Building Rent Claims) In the event of any reason that the Trust may have any adverse effect on the Trust (including, but not limited to, rent reduction, loss or damage of all or part of the building for lease), the client shall Immediately, upon request from the trustee, exchange the rent receivable or equity interest that the consignor has based on a separate real estate lease agreement with Company A with the additional trust or the Building Rental Receivable that caused the said event ( (Hereinafter referred to as the “Addition or Replacement”). The same shall apply to the second or subsequent Additions or Exchanges.

2. In the case of the preceding paragraph, the trustee to be added or exchanged (hereinafter referred to as “the subject loan”) shall be selected by the trustee after consultation between the trustee and the trustee, and the trustee shall be entrusted with the selection. Information that is reasonably required by the parties shall be disclosed and provided to the trustee as soon as requested by the trustee.

3. In the case of paragraph 1, due to unavoidable reasons (including, but not limited to, cases where all the buildings owned by the client have been lost due to reasons attributable to them), the subject of this Addition or Exchange If there are no eligible receivables, the Consignor shall repurchase the building rent receivable at its par value.

4. As soon as the Covered Claim is fixed, the Consignor shall obtain a firmly agreed-upon consent date from Company A for the transfer of the Covered Claim to the Trustee.

Article 11 (Term of Trust Agreement) The term of this trust agreement shall be the same except as specified in the proviso of Article 14.
The period from the date of Z / Y, Heisei 1X (hereinafter referred to as the “Start Date of the Trust”) to the date of Y / Z, Heisei 2X.

Article 12 (Calculation of Trust) During the term of the Trust Agreement, the Trustee shall, on March 31 of each year,
The trust calculation shall be made on June 30, September 30, and December 31 (hereinafter referred to as “calculation due date”) and reported to the beneficiaries. However, if that day falls on a bank holiday, the next business day will be the calculation date. Upon termination of the Trust, the Trustee shall make final calculations and obtain the beneficiary's approval. In this case, the report on the calculation before the final calculation period may be omitted.

2. If the beneficiary receives all of the principal and proceeds of the Trust in cash without objection in accordance with the calculation in the preceding paragraph, the calculation shall be deemed to have been approved.

Article 13 (Principal and Profit Delivery During the Trust Period) The trustee will deliver the principal of the trust received in cash during the term of the Trust Agreement to the beneficiary of the first beneficiary right as shown in Attachment 2. Provided, however, that if the principal of the trust received in cash during the said period is less than the amount of the beneficiary right to be redeemed, The beneficiary right shall be redeemed with money accordingly.

2. The trustee shall make the 16th
Remaining amount after deducting prescribed expenses and trust fees (hereinafter, “expenses, etc.”) (hereinafter, “net income”)
Will be delivered to the beneficiaries of each beneficiary right in cash on each calculation date. However, if the calculation date falls on a holiday for the trustee, the next business day will be the calculation date.

3. In the preceding paragraph, the revenue to be delivered to the beneficiary of the first beneficiary right shall be the amount obtained by multiplying the principal of each beneficiary right by the dividend rate described in Attachment 2.

4. The remaining amount after subtracting the total amount of income to be delivered to the beneficiary of the first beneficiary right from the net income of the trust,
(I) First, as the retained earnings, dividends to beneficiary rights shall be paid until η yen is reached (including the amount of money already retained by the relevant calculation date under the provisions of this paragraph). (Hereinafter referred to as “retained money”), and (i.
i) If there is still a balance after deducting such retained earnings, it shall be delivered to the Second Beneficiary.

Article 14 (Rescission of the Trust Agreement) The Trust Agreement cannot be canceled during the prescribed period of Article 11. Provided, however, that if (a) the achievement of the trust purpose or the execution of the trust affairs is extremely difficult or impossible due to unavoidable circumstances, or (b) the trustee violates the terms of the trust agreement, You can cancel the trust contract. In this case, the trustee will not be liable to the trustee or beneficiary for any damage caused by the cancellation.

Article 15 (Delivery of Principal and Profit at End of Trust) If the Trust Agreement expires upon expiration of the term, the Trustee shall, in accordance with the provisions of this Article, give the Trustee the monetary amount of the Trust received by the Trust during the Trust Period as net income (including retained earnings). In addition, after deducting various expenses, etc., it shall be delivered with money, and the beneficiary certificate shall be collected.

2. In the delivery of the principal and profits of the trust set forth in the preceding paragraph, the trustee shall give each beneficiary of the first beneficiary right:
Until the original principal amount is redeemed and the dividend rate reaches the annual rate specified in Article 13.3 with respect to the original principal amount, such beneficiary shall take precedence over the beneficiary of the second beneficiary right. We will issue principal and profits by money. In this case, the right of the beneficiary of the second beneficiary right to receive the principal and profits shall be conditioned on the beneficiary of the first beneficiary right receiving the total of such principal and dividends .
If the beneficiary of the first beneficiary right is redeemed or paid, the trustee will issue the remaining amount to the beneficiary of the second beneficiary right at a monetary rate and collect the beneficiary right certificate. If the amount obtained by deducting various expenses from the trust principal and trust income received during the term of the Trust is less than the total amount of the trust principal to be delivered to the beneficiary of the first beneficiary right, The trustee shall distribute and deliver such money in proportion to the amount of the trust principal held by each beneficiary of the first beneficiary right.

3. If the trust is terminated before the expiration of the term due to the cancellation of the trust agreement under the preceding article or other reasons, the trustee shall convert the remaining trust receivables to market value and make the consideration to the beneficiary of the first beneficiary right with the revenue, After deducting various expenses,
We issue with money and collect beneficiary certificate. In this case, the trustee shall give the beneficiary of the first beneficiary right the redemption of the original principal amount and the trust dividend (13 th beneficiary) corresponding to the period from the execution of the trust agreement to the date of such cancellation. The rate shall be based on the annual rate specified in Article 3, and if it is less than one year, it shall be prorated to 365 days per year.) The principal and profits will be delivered using such money. in this case,
The right of the beneficiary of the second beneficiary right to receive the principal and profits shall be generated on condition that all the beneficiaries of the first beneficiary right receive the total amount of the principal and dividends. After the redemption / payment to the beneficiary of the first beneficiary right, if there is still a balance, the balance will be delivered to the beneficiary of the second beneficiary right in money and the beneficiary right certificate will be collected. In this case, the trust receivable is converted to the market price, combined with the trust revenue, and if the amount after deducting various expenses is less than the total amount of the trust principal to be delivered to the beneficiary of the first beneficiary right, the trust Will distribute and deliver such money in accordance with the proportion of the amount of the trust principal held by the beneficiary of the first beneficiary right. However, if the beneficiary is only the trustee, the trustee can collect the beneficiary certificate from the beneficiary and deliver the principal as is.

Article 16 (Payment of Taxes and Other Expenses) The Trustee shall pay taxes and other expenses necessary for the execution of trust affairs based on the Trust Agreement from the Trust Property.

Article 17 (Trust Remuneration) The trustee will receive the trust fee from the trust revenue on each calculation date and at the end of the trust. However, we may request all or part of it from the client.

2. In the event that the Trust Agreement is terminated pursuant to the provisions of Article 14, the Trustee shall be entitled to receive from the Trust's revenue a trust fee equivalent to the period from the date the Trust Agreement is concluded to the date of such termination. Shall.

Article 18 (Management of Money Belonging to Trust Property) The trustee may combine money belonging to the trust property with money belonging to another trust property having the same management method, or independently.
It can be used for repo, call loan, deposit, etc.

Article 19 (Duty of Duty of Care) The trustee shall perform trust affairs with the care of a good manager. In addition, in the event that the trustee has caused damage to the Trust due to mismanagement of the administration, the trust shall be handled in accordance with Article 27 of the Trust Law and other provisions.

Article 20 (Duty of Confidentiality) The trustee and the trustee may transfer the contents of the trust agreement and any other matters related to the trust agreement to third parties other than the trustee, trustee and beneficiary. Not disclosed. However, this does not apply if the consent of the other party has been obtained in advance.

Article 21 (Notification of Seal) The seals used by the trustee, beneficiary, and other persons involved in the trust shall be notified in advance to the trustee.

2. If the seal imprinted on the receipt or other document is checked with due care with the registered seal in the preceding paragraph, and the trustee deems that there is no difference, and issues the trust property or performs other processing, regardless of the circumstances, The Trustee shall not be liable for any damages caused thereby.

Article 22 (Notifications) In the following cases, the trustee, beneficiary, and other trustees shall notify the trustee and perform the prescribed procedures.

(1) Change of name, organization, location, representative, agent, and seal of notification (2) Loss of contract, beneficiary certificate or seal of notification (3) Other matters deemed important for this trust contract 2 . The Trustee shall not be liable for any damages arising from the delay in the notification set forth in the preceding paragraph.

Article 23 (Consultation) 1. Matters not specified in this trust agreement shall be determined after consultation between the trustee and the trustee.

2. If the Trust Agreement needs to be revised, the Trustee may be able to revise the Trust Agreement after consultation between the trustee and the trustee.

Indication of trust property: Building rent receivable Receivable face value ω yen Indication of trust principal: Gold ω−ω × (α / 100) yen Calculation method of trust fee: Annual rate of average principal balance in each calculation period ρ%. If the period is less than one year, the daily calculation is 365 days a year.

Next, the process of implementing a building rent claim trust by the building rent claim trust system having the above-described configuration will be described.

FIG. 2 is a flowchart showing a process for starting a building rent claim trust by the building rent claim trust system.

First, as shown in FIG. 1A, the consignor (B real estate company) holds a plurality of building rent claims based on separate lease agreements with the debtor (A corporation) for each of the properties 1 to n. Then, the trust is transferred to the trustee X, which is the X trust bank, to raise funds.

The trustee (X trust bank) 13 sends the trustee (B
The real estate company) 11 was transferred from the individual building rent receivables of each of the properties 1 to n held by the lease agreement with the debtor (A Co., Ltd.) by the trustee (B real estate company) 11, For example, a rent claim for the property 1 is received (step S1).

The transfer of the building rent claim from the consignor (B real estate company) 11 to the trustee (X trust bank) 13 to the debtor (A corporation) 12 in trust is carried out by the debtor 12 without objection. It has been accepted.

Then, the trustee (the X trust bank) 13 issues to the investor 14 a beneficiary right certificate of the building rent claim relating to the property 1 transferred from the trustee (the real estate company B) 11 to the investor 14. (Step S2).

The building rent claim beneficiary certificate is sold to the investor 14 at an amount obtained by subtracting a predetermined discount rate year α% from the face value of the claim, and the beneficiary interest of the building rent claim invested by the investor 14 is obtained. Payment is made by trustee (X Trust Bank) 13
(Step S3).

Then, the beneficiary right price received from the investor 14 by the trustee (X trust bank) 13 is paid to the trustee (B real estate company) 11, and the trustee 11 becomes the trustee (X trust bank) The financing based on the building rent receivable of the property 1 for the debtor (A Corporation) 12 transferred to the trust 13 is completed (step S4).

FIG. 3 is a flow chart showing processing during the building rent claim trust by the building rent claim trust system.

The client (B real estate company) 11 and the debtor (A)
When the rent is paid by the debtor (A Co., Ltd.) 12 as shown in FIG. The trustee (X trust bank) 13 collects the rent based on the beneficiary right of the building rent claim on the property 1 transferred from the trustee (the real estate company B) to the trustee (step A1 → A2).

Then, a predetermined calculation date for paying dividends and redemption to the investors 14 (March 31 and June 30 every year)
Date, September 30 and December 31), after the trustee (X trust bank) 13 receives the trust fee from the rent of the property 1 collected from the debtor (A Corporation) 12 (Step A3 → A4), the remaining “net income” is delivered to the investor 14 who is a beneficiary of the building rent receivable in trust, and dividends and redemption are performed (step A5).

Thereafter, every time the rent collection date comes, the rent collection for the property 1 from the debtor (A Co., Ltd.) 12 is repeatedly performed in the same manner as described above (steps A1 to A3). Receiving a trust fee based on the rent collected in the same manner as described above, and repeatedly paying and redeeming the investor 14 (steps A3 to A6).

When the expiration date of the trust period comes, the processing during the series of building rent receivable trusts is terminated (step A6 → end).

FIG. 4 is a flow chart showing a contract condition monitoring process which is always repeatedly executed in parallel with the process during the building rent claim trust by the building rent claim trust system.

During the period of the building rent receivable trust described with reference to FIG. 3, according to the contract condition monitoring processing described with reference to FIG. 4, it is determined whether or not the client (B real estate company) 11 has gone bankrupt. In addition, even if the bankruptcy does not occur, it is difficult to collect rent such as a reduction in the rent of the property 1 to the debtor (A Co., Ltd.) 12, retirement from the property 1, or loss of the building of the property 1 due to natural disaster. The monitoring judgment as to whether or not the occurrence has occurred is always repeated (step B1).
~ B2).

Here, in the event that the consignor (B real estate company) 11 goes bankrupt, any transfer of rent from the consignor (B real estate company) 11 to the trustee (X trust bank) 13 will be a bankruptcy trustee. Bankruptcy Law 6 that cannot be countered
Since the loss of rights under Article 3 is unavoidable, the trustee (X Trust Bank) 13 cannot collect the rent for the property 1 from the debtor (A Co., Ltd.) 12 thereafter. Then, a principal loss occurs (step B1 → end).

On the other hand, for example, the rent of the property 1 to the debtor (A Corporation) 12 is reduced,
Alternatively, if an accident that makes it difficult to recover rents based on the building rent receivables related to the currently transferred property 1 due to the loss of the building of the property 1 due to a catastrophe, etc., occurs, (X Trust Bank) It is determined whether the payment is a large one that causes difficulty in receiving the trust fee in the 13 or a difficulty in dividends and redemption for the investor 14, or a minor one such as a slight reduction in rent (step B2). → B3).

FIG. 5 is a diagram showing the configuration of a trust system in the case where an accident has occurred in the building rent receivable relating to the property 1 currently transferred in trust in the building rent receivable trust system.

That is, for example, the debtor (A Corporation) 1
Due to the drastic reduction of the rent of Property 1 with respect to 2, the retirement from Property 1, or the loss of the building of Property 1 due to natural disaster, the rent collection based on the building rent receivable on Property 1 that has been transferred is the same as before. If it is determined that the impact is large and causes the trustee (X trust bank) 13 to have difficulty in receiving the trust fee and difficult to pay or redeem the investor 14, and it is determined that the impact is not minor, FIG. As shown, the consignor (B real estate company) 11 holds other lease contracts 2 to the debtor (A stock company) 12.
n of the building rent receivables related to the trustee (X Trust Bank), the building rent receivable from which the trustee (X Trust Bank) 13 obtains a beneficiary right with a par value corresponding to the decrease or disappearance of the rent collection is obtained by the trustee (X Trust Bank) ) 13 is selected and added or exchanged (steps B3, B4 → B5). In this case, the transfer of the rent receivable by the debtor (A Co., Ltd.) 12 is also accepted without any objection for the building rent receivable newly transferred by addition or exchange.

As a result, the trustee (the X trust bank) 13 can continue to collect the rent from the debtor (the A corporation) 12 at the same amount as before, and the rent of the property 1 can be greatly reduced. It is possible to supplement a decrease in the receipt of trust fees and a decrease in dividends and redemptions to the investor 14 due to an accident such as a move out of the property 1 or a loss of the building of the property 1 due to a natural disaster.

Therefore, according to the building rent receivable trust system having the above-described structure, the building rent receivable held by the consignor (B real estate company) 11 with respect to the debtor (A corporation) 12 which has concluded the lease contract is: The trustee (X trust bank) 13 sells the trust beneficiary right of the building rent receivable to the investor 14 and mobilizes the trust to transfer the trust beneficiary right to the trustee (X trust bank) 13. Thus, it is possible to procure funds to the consignor (B real estate company) 11, and real estate agents, etc., which could not be considered in the conventional monetary receivables liquidation system, also enjoy the benefits of financing by liquidating monetary receivables. become able to.

Further, according to the building rent receivables trust system having the above-described structure, for the property 1 relating to the building rent receivable transferred from the trustee (B real estate company) 11 to the trustee (X trust bank) 13, for example, Obligor (A Corporation) 1
In the event that the building rent receivables have fallen in face value or disappeared due to a reduction in the rent for 2, a retirement from the property 1, or a loss of the building due to a natural disaster, the client (B real estate company) 11 is a building rent receivable from which each of the other building rent receivables owned by the debtor (A Corporation) 12 with respect to the other properties 2 to n can obtain a beneficiary right equivalent to the reduced face value or extinguished beneficiary right. Is selected by the trustee (X trust bank) 13 and newly added or exchanged. Therefore, the collection of the rent from the debtor (A corporation) 12 by the same rent collection as before and the dividend to the investor 14・ Repayment can be continued. Therefore, the risk of building rent receivables disappearing due to retirement or natural disaster can be reduced, and the rent receivables can be more easily liquidated.

Note that such a building rent receivables trust system provides the trustee 13, the X trust bank, with the trustee 1
1, a computer server connected to a public communication network accessible to the computer terminals of the debtor 12 and the investor 14; an electronic money account corresponding to each access destination is opened; In the computer server of the X trust bank, the process of starting the building rent receivable trust shown in the flowchart of FIG. 2, the process during the period of the building rent receivable trust shown in the flowchart of FIG. 3, and the building rent receivable trust shown in the flowchart of FIG. By executing the respective control programs of the contract condition monitoring processing of the above, a building rent receivable liquidation system using a computer network is constructed.

[0113]

As described above, according to the method for rent receivable liquidation according to claim 1 of the present invention, the rent receivable held by the client and transferred from the client by trust is received, and the trust is transferred to the trust. By selling the beneficiary right to the investor, the beneficiary right price obtained in accordance with the sale of the beneficiary right of the rent receivable to the investor is:
As it will be paid to the client as its funding,
Real estate agents who hold rent receivables will also be able to enjoy the benefits of raising funds through liquidation of monetary receivables.

Further, according to the rent receivable liquidation method according to the second aspect of the present invention, the rent paid by the debtor based on the building rent receivable transferred from the consignor to the trust is recovered, and Trust fees are collected based on the rent collected from the
Redemption will take place.

Therefore, it becomes possible to increase the types of receivables to be liquidated.

Further, according to the rent receivable liquidation method according to claim 3 of the present invention, furthermore, when the consignor does not go bankrupt, it is based on the building rent receivable transferred from the trust by the consignor. When it is determined that it is difficult to collect rent from the debtor, and it is determined that the situation in which it is difficult to collect rent from the debtor has occurred in the building rent receivable transferred from the trustor by trust. In other words, since the other party's rent claim held by the consignor to the borrower is exchanged for an additional trust or the other rent claim for the building, for example, due to rent reduction for the debtor, retirement, This will reduce the risk of rent receivables disappearing due to the loss of rental properties.

Further, according to the method for rent receivable liquidation according to claim 4 of the present invention, a situation in which rent collection from the borrower becomes difficult occurs in the building rent receivable transferred from the trustee by trust. If determined, the building rent receivable corresponding to the difficult rent collection amount is selected from among the other building rent receivables held by the consignor with respect to the debtor, and is additionally trusted or exchanged. Become like

Therefore, it is possible to appropriately supplement a specific risk in rent loan liquidation.

[Brief description of the drawings]

FIG. 1 is a diagram showing a configuration of a building rent receivable trust system according to an embodiment of a rent receivable securitization method of the present invention, and FIG. 1 (A) is a diagram showing a configuration of a trust system accompanying the start of the trust; FIG. 2B is a diagram showing a configuration of a trust system during the trust period.

FIG. 2 is a flowchart showing a process of starting a building rent claim trust by the building rent claim trust system.

FIG. 3 is a flowchart showing processing during a building rent claim trust by the building rent claim trust system.

FIG. 4 is a flow chart showing a contract condition monitoring process which is constantly and repeatedly executed in parallel with the process during the period of the building rent receivable trust by the building rent receivable trust system.

FIG. 5 is a diagram showing a configuration of a corresponding trust system in a case where an accident has occurred in a building rent receivable relating to a property 1 currently transferred to the trust in the building rent receivable trust system.

[Explanation of symbols]

 11: Consignor (B real estate company) 12: Debt (A Co., Ltd.) 13: Trustee (X Trust Bank) 14: Investor

Claims (4)

[Claims] Claims: 1. A rent claim receiving step of receiving a rent claim held and transferred by a trustee from the trustee, and investing in the rent claim receiving step a beneficiary right of the rent claim transferred by the trustee from the said trustee. A beneficiary right selling step of selling the beneficiary right to the house, and a fund for paying the beneficiary right price obtained in accordance with the sale of the beneficiary right of the rent receivables to the investor in the beneficiary right selling step as the procurement fund to the client A rent receivable liquidation method, comprising: a procurement step. 2. The rent receivable is a building rent receivable held by the consignor to a debtor who has entered into a lease agreement, and further based on the building rent receivable transferred from the consignor in trust. A rent collection step of collecting a rent paid from the company; and a profit distribution step of receiving a trust fee based on the rent collected from the debtor in the rent collection step and paying and redeeming the investor. The method of claim 1, wherein the rent receivables are liquidated. 3. A monitoring and judging method in which the consignor does not go bankrupt and it becomes difficult to collect rent from the obligor based on the beneficiary right of the building rent receivable transferred from the consignor in trust. A loan monitoring step to perform, and in this claim monitoring step, when it is determined that a situation in which it is difficult to collect rent from the debtor has occurred in the building rent receivable transferred from the trustee by the trustee, the trustee determines whether 3. The rent claim flow according to claim 2, further comprising: a step of adding or exchanging another rent claim held by the debtor with the other trust or the other rent claim. Method of conversion. 4. The receivable adding / exchanging step includes: when it is determined that a situation in which it is difficult to collect rent from the obligor has occurred in the building rent receivable transferred from the consignor by trust, 4. The rent according to claim 3, wherein a building rent receivable corresponding to the difficult rent collection amount is selected from other building rent receivables held by the debtor, and is additionally trusted or exchanged. 5. Method of liquidating receivables.