Except for trust and investment companies approved by the People's Bank of China, no unit or individual may engage in fund trust business, except as otherwise provided by laws and administrative regulations. Article 3 The funds obtained by a trust and investment company from its fund trust business are not the liabilities of the trust and investment company. The assets formed by the trust and investment company due to the management, use and disposal of trust funds are not the assets of the trust and investment company. Article 4 A trust and investment company shall abide by the following provisions when handling fund trust business:
(1) Not to absorb deposits in any form or in disguised form;
(2) It is not allowed to issue bonds, and it is not allowed to raise funds to handle debt business by issuing investment entrustment certificates, investment agency certificates, beneficiary certificates and securities depository receipts;
(3) Not borrowing foreign debts;
(four) shall not promise that the trust funds will not be lost, nor shall it promise the minimum income of the trust funds;
(five) no marketing promotion through newspapers, television, radio and other public media.
If a trust and investment company violates the above provisions, it shall be treated as illegal fund-raising, and the financial losses caused thereby shall be borne by the investors. Article 5 A trust and investment company may manage, use and dispose of trust funds independently or centrally according to the agreement in the trust documents and the wishes of the clients.
The separate management, use and disposal of trust funds refers to the behavior that a trust and investment company accepts the entrustment of a single principal and manages and uses trust funds separately according to the management method determined by the principal.
The collective management, use and disposal of trust funds refers to the act that a trust and investment company accepts the entrustment of two or more principals and manages and uses the trust funds according to the management methods determined by the principals or determined by the trust and investment company on its behalf. Article 6 A trust and investment company shall collectively manage, use and dispose of trust funds, and shall accept no more than 200 contracts (including 200 contracts) with the amount of each contract not less than 50,000 yuan (including 50,000 yuan). Article 7 A trust and investment company shall sign a trust contract with the client when handling the fund trust business. Where a trust is established in other written forms, it shall be established in accordance with the provisions of laws and administrative regulations.
A trust contract shall specify the following items:
(1) the purpose of the trust.
(2) Names and domiciles of the trustor and the trustee.
(3) The name, domicile or scope of the beneficiary.
(4) Currency and amount of trust funds.
(5) Term of the trust.
(six) the management mode of trust funds and the trustee's authority to manage, use and dispose of trust funds;
(seven) the specific ways or arrangements for the management, use and disposal of trust funds;
(8) Calculation of trust benefits, and the time and method of delivering trust benefits to beneficiaries.
(9) Accounting and payment methods of trust property taxes and other expenses;
(10) Calculation method, payment term and method of the remuneration of the trustee;
(eleven) the ownership and distribution of the trust property when the trust is terminated;
(12) Report on trust affairs.
(thirteen) the rights and obligations of the parties to the trust;
(14) Risk disclosure.
(fifteen) the undertaker and the way to bear the loss of trust funds;
(sixteen) the liability of the parties to the trust for breach of contract and the way to resolve the dispute;
(seventeen) other matters that the parties to the trust think need to be explained. Article 8 A trust and investment company shall, when handling the fund trust business, sign a trust contract and a risk statement on the management and application of trust funds with the client.
The risk statement shall include the following contents:
(1) If the trust investment company manages and uses the trust funds in accordance with the agreement in the trust documents, which causes losses to the trust funds, the trust property shall bear the losses.
(2) If the trust and investment company manages, uses or disposes of the trust funds in violation of the agreement in the trust documents, thus causing losses to the trust funds, the trust and investment company shall be liable for compensation. If the compensation is insufficient, it shall be borne by the trust property. Article 9 When concluding a trust contract or other trust documents, the trustee shall state the following contents in bold in the upper right corner of the homepage:
"The trustee shall perform the obligations of honesty, credit, prudence and effective management when managing the trust property. The risks arising from the management of trust funds according to the agreement of this trust contract shall be borne by the trust property, that is, the funds delivered by the trustor and the property formed by the trustee after using the funds; If the trustee violates the trust contract and improperly handles the trust affairs, causing losses to the trust fund, the trustee shall compensate. " Article 10 During the validity period of the trust document, the beneficiary may transfer his trust beneficial right according to the agreement in the trust document. The trust and investment company shall handle the relevant procedures for the transfer of the beneficial right of the trust for the beneficiary.