1. If the parties agree in the contract that the trustor opens a capital account or a stock account in his own name and entrusts the trustee to engage in investment management, or if the trustor directly delivers the funds to the trustee, and the trustee engages in investment management in his own name or actually borrows someone else's name, it shall be deemed that both parties have established a entrusted financial management contract, and the cause of action shall be subject to the dispute over the entrusted financial management contract.
2. Entrusted supervision contract cases. Where a securities company, futures company or its branch accepts the entrustment of both parties to the entrusted financial management contract or the asset client and promises to supervise and manage the trading account of the entrusted assets, it shall consider that the entrusted supervision contract relationship is established, and the cause of action shall be determined by the dispute over the entrusted supervision contract.
3. Loan contract dispute cases. In the contract, both parties agree that the principal will entrust the assets to the trustee for investment management, and the trustee will ensure that the principal can get a fixed return on principal and interest regardless of profit and loss, and the excess investment income will be owned by the trustee (that is, the terms for ensuring a fixed return on principal and interest are agreed), which belongs to the situation of "entrusting financial management, but actually it is a loan relationship". It should be considered that the two parties have established a loan contract relationship, and the cause of action shall be based on the loan contract dispute, and the provisions of relevant laws, administrative regulations and judicial interpretations shall apply.
4. Partnership agreement dispute case. If both parties expressly stipulate in the contract that the trustor entrusts assets to the trustee, and the trustee provides professional financial services, and both parties share interests and risks, it shall be deemed that both parties set up a partnership enterprise in the form of entrusted financial management contract. The cause of action shall be the dispute over partnership agreement, and the relevant provisions of the General Principles of Civil Law and Several Opinions on Implementing the General Principles of Civil Law shall apply.
5. Trust contract dispute cases. In the practice of entrusted financial management contract, if it is stipulated in the contract that the trustor entrusts its assets to the trustee, and the trustee manages them in his own name according to the wishes of the trustor, and separates the entrusted assets from the assets of the trustor and the inherent assets of the trustee, so that the trustor or the beneficiary designated by the trustor can benefit, and the trustee is a legally qualified trust and investment institution and other elements of the trust behavior stipulated in the Trust Law, the trust contract relationship shall be deemed to be established, and the cause of action shall be subject to the trust contract dispute.