① Effective financing. Absorbing trust deposits is the main way for trust departments to gather idle self-owned funds of organs, organizations, enterprises and institutions, and then use trust funds for long-term lending or securities investment, which not only enables beneficiaries to obtain investment opportunities, but also solves the problem of insufficient funds for users.
② Effective financing property. During the entrustment period, the trust department can directly manage and handle the trust property as the owner of the property according to the client's intention, and handle the property by means of agency, lease, sale, etc. within the scope permitted by the state, giving play to the role that banks cannot play.
③ Promote the improvement of economic benefits. By establishing trust deposits, trust loans and trust investments, the free funds allocated by economic departments to subordinate units can be turned into paid use and the distribution relationship into trust relationship, which is conducive to promoting enterprises to strengthen management and improve investment efficiency.
④ Promote the development of financial services. Setting up trust business and issuing stocks and bonds on behalf of localities, departments and enterprises will enhance the timeliness of financial services, objectively require banks and trust institutions to provide comprehensive services such as information and economic consultation in a timely and high-quality manner, constantly explore new service areas, and more effectively promote the development of trust industry.
Extended data:
Trust responsibility
Trust responsibility means that the trustee has the responsibility to the principal/beneficiary to manage the property in strict accordance with the wishes of the principal (not his own wishes). The fiduciary responsibility means that when the trust relationship is established, the trustee shall bear the fiduciary responsibility, and shall not make his own interests conflict with his responsibilities, and shall not seek benefits as a trustee or obtain benefits from it unless the client agrees.
Trust responsibility refers to the trustee's responsibility to those who transfer assets and do not participate in management. Specifically, the guardian opposes the testator, the company manager is responsible to the company shareholders, the manager shareholders are responsible to the non-manager shareholders, and the asset management company or trust company is responsible to the investor. The fiduciary responsibility is the link between the trustee and the entrusted asset carrier and its designated assignee and/or beneficiary.
The word fiduciary duty is widely used in listed companies and state-owned enterprises. Take the listed company as an example, the trust three parties are shareholders/enterprise management/shareholders, and the fiduciary responsibility refers to the responsibility of enterprise management to operate enterprise assets wholeheartedly for the benefit of shareholders.
Trust subject
The trust subject includes the trustor, the trustee and the beneficiary.
The trustor is the initiator of the trust relationship and should be a natural person, legal person or other organization established according to law with full capacity for civil conduct. The trustor provides the trust property and determines who is the beneficiary and the beneficiary's beneficial right. Designate the trustee and have the right to supervise the trustee to execute the trust.
(2) The trustee is responsible for managing and disposing of the trust property. A natural person or legal person with full capacity for civil conduct. The trustee must fulfill his duties and fulfill his obligations of honesty, credibility, prudence and effective management. The obligation to manage the trust property in accordance with the legal provisions of the trust documents must be in the best interests of the beneficiaries.
In China, the trustee refers to a trust and investment company approved by the China Banking Regulatory Commission and belongs to a non-bank financial institution.
The beneficiary is the person who enjoys the beneficial right of the trust, and may be a natural person, a legal person or other organizations established according to law. It can also be an unborn baby. The beneficiaries of charitable trusts are the public.
Trust object
The trust object mainly refers to the trust property.
(1) Scope of trust property:
Trust property refers to the property obtained by the trustee's commitment to trust; The trust benefits obtained by the trustee from the management, use and disposal of the property also belong to the trust property. There is no specific scope of trust property in China, but it must be legal property owned by the client and transferable. Property prohibited from circulation by laws and regulations cannot be used as trust property; Property whose circulation is restricted by laws and regulations shall be approved by the relevant competent authorities according to law and can be used as trust property.
② Particularity of trust property:
The particularity of trust property is mainly manifested as independence, including the following aspects:
1. The trust property is different from other properties for which the trustor has not established a trust.
After the trust is established, if the trustor dies or is dissolved, revoked or declared bankrupt according to law, and the trustor is the sole beneficiary, the trust will be terminated and the trust property will be taken as its inheritance or liquidation property; When the trustor is not the sole beneficiary of the trust, the trust property shall not be regarded as his inheritance property or liquidation property.
B the trust property is different from the inherent property of the trustee (the property owned by the trustee).
The trustee must manage the trust property separately from the inherent property, keep separate accounts, and may not classify it as his own inherent property.
3. The trust property is independent of the beneficiary's own property;
Although the beneficiary enjoys the right to benefit from the trust property, it is only a right to claim benefits. During the existence of a trust, the beneficiary does not enjoy the ownership of the trust property.
③ Substantive subrogation of trust property:
During the trust period, the form of the trust property may change due to the management and application of the trust property. Trust property, for example, is real estate when it is established, then it is sold as capital, then it is bought into bonds with capital, and then the bonds are turned into cash, showing various forms, but it is still trust property and its nature will not change.
④ Isolation and protection function of trust property:
It can be said that the risk isolation mechanism and bankruptcy isolation system formed by trust property have eternal market and incomparable advantages for banks, insurance and other institutions to revitalize non-performing assets and optimize resource allocation.
⑤ Trust property shall not be enforced and exceptions:
Due to the independence of trust property, it is a general principle that the trustor, the trustee and the general creditors of the beneficiary cannot pursue the trust property and cannot enforce the trust property.
Baidu encyclopedia-bank trust