The client shall be a natural person, legal person or other organization established according to law with full capacity for civil conduct. The beneficiary is a natural person, legal person or other organization established according to law who enjoys the beneficial right of the trust. The beneficiary and the principal may or may not be the same person; The trustee may be the beneficiary, but it may not be the sole beneficiary of the same trust. Article 4 The term "trust business" as mentioned in these Measures refers to the business behavior that a trust and investment company promises to entrust and handle trust affairs as a trustee for the purpose of operating and collecting remuneration. Article 5 The term "trust property" as mentioned in these Measures refers to the property obtained by a trust and investment company due to its commitment to trust. Property acquired by a trust and investment company due to the management, use, disposal or other circumstances of the trust property also belongs to the trust property. Property prohibited from circulation by laws and administrative regulations shall not be used as trust property; Property whose circulation is restricted by laws and administrative regulations may be used as trust property after being approved by the relevant competent department according to law.
Trust property does not belong to the inherent property of trust and investment companies, nor does it belong to the liabilities of trust and investment companies to beneficiaries. When the trust and investment company terminates, the trust property does not belong to its liquidation property. Article 6 A trust shall not be terminated due to the dissolution, bankruptcy or cancellation of the trust and investment company according to law, nor shall it be terminated due to the resignation of the trust and investment company, except as otherwise provided by laws or trust documents. Article 7 When engaging in trust activities, a trust and investment company shall abide by the provisions of laws, administrative regulations and trust documents, and shall not harm the national interests, social public interests or the legitimate rights and interests of others. Article 8 When managing or disposing of trust property, a trust and investment company must fulfill its duties and fulfill its obligations of honesty, credibility, prudence and effective management. Article 9 Trust and investment companies shall not handle deposit business, issue bonds or borrow foreign debts. Article 10 The People's Bank of China shall supervise and manage trust and investment companies and their businesses in accordance with laws, administrative regulations and these Measures. Chapter II Establishment, Change and Termination of Institutions Article 11 A trust and investment company shall be established in the form of a limited liability company or a joint stock limited company. Article 12 The establishment of a trust and investment company must be approved by the People's Bank of China, and the Trust Institution Legal Person License must be obtained.
Without the approval of the People's Bank of China, no unit or individual may engage in trust business, and no business unit may use the words "trust and investment" in its name. Except as otherwise provided by laws and administrative regulations. Article 13 The establishment of a trust and investment company shall meet the following conditions:
(1) Having articles of association that conform to the Company Law of People's Republic of China (PRC) and the provisions of the People's Bank of China;
(2) Shareholders who meet the requirements of the People's Bank of China;
(3) Having the minimum registered capital that meets the requirements of these Measures;
(4) Having senior managers who meet the post qualifications stipulated by the People's Bank of China and trust practitioners who are suitable for their business;
(5) Having a sound organizational structure, operating rules for trust business and risk control system.
(6) Having business premises, safety precautions and other business-related facilities that meet the requirements;
(seven) other conditions stipulated by the people's Bank of China.
The People's Bank of China may examine the application for establishing a trust and investment company according to the needs of economic development and the situation of the trust market. Article 14 The registered capital of a trust and investment company shall not be less than 300 million yuan.
The registered capital of a trust and investment company engaged in foreign exchange business shall include not less than the equivalent of US$ 6,543,800+0,500.
The People's Bank of China may, according to the needs of the development of trust and investment companies, adjust the minimum registered capital for the establishment of trust and investment companies. Fifteenth trust and investment companies in any of the following circumstances, must be approved by the people's Bank of China:
(a) change the name;
(2) Change of registered capital;
(3) Changing the company's domicile.
(4) changing the organizational form;
(5) Adjusting the business scope;
(6) Replacement of senior management personnel;
(7) Changing the shareholders or adjusting the ownership structure, except that the shares in circulation of the listed company do not reach 65,438+00% of the total shares of the company;
(8) Amending the Articles of Association.
(9) merger or division.
(ten) other changes stipulated by the people's Bank of China. Article 16 Where a trust and investment company applies for dissolution due to division, merger or dissolution as stipulated in the articles of association, it shall be dissolved with the approval of the People's Bank of China, and a liquidation group shall be organized for liquidation according to law.