Entrusted management contract of state-owned assets 1
Party A (the entrusting party):
Party B (Trustee):
In order to protect the legitimate rights and interests of Party A and Party B, and standardize the rights and obligations of both parties in the process of entrustment, both parties, based on the principles of equality, mutual benefit and mutual trust, have entered into this contract through friendly negotiation for mutual compliance.
1. Now Party A entrusts Party B to manage the following assets: Assets: RMB (in words) ￥, (in figures).
The assets entrusted by Party A shall be directly remitted by Party A to its futures account opened in the Company, with the fund account number as and the silver account number as:
Bank of deposit:
Account name:
Account number:
The term of entrusted assets management shall be counted from the date of the first transaction after the signing of this agreement.
Two. Legitimacy of entrusted assets
For entrusted assets, Party A must ensure that their sources are legal and have indisputable ownership in law; At the same time, Party A clearly understands the state's restrictive regulations on investing in financial market assets.
Third, the purpose and principle of entrusted asset management
The purpose of entrusted asset management is to maintain and increase the value of entrusted assets through expert financial management, risk diversification and risk reduction, and to operate on the principle of safety and profitability of entrusted assets.
Four. Investment scope:
Party A authorizes Party B to entrust the management of the above-mentioned assets, and the business scope is the varieties traded in the futures market. Unless Party A agrees in writing, Party B shall not change the business scope at will.
Verb (abbreviation of verb) management method:
When managing the entrusted assets, Party B shall take effective measures to conduct trading operation and risk control on the entrusted assets of Party A. During the entrusted period, Party B has complete right to handle the operation of the entrusted assets of Party A, and Party A shall not interfere with the operation of the entrusted assets of Party B. Party A shall pay attention to the entrusted assets at any time through the account and password of the margin monitoring center, and have the right to terminate the operation of the entrusted assets as agreed.
Duration of entrustment of intransitive verbs:
The entrusted financing period of Party A is 12 months.
Seven. Risk taking and income distribution:
1. The loss of Party A's account equity shall be borne by Party A..
2. The profits generated by the entrusted management account during the entrustment period (the rights and interests are greater than the principal of the entrusted assets) can be distributed during the entrustment period, and the distribution time is determined by Party B. Party B will charge 30% of the initial principal of the entrusted assets as the management fee, and other income will be owned by Party A. ..
Party A shall transfer the management fee receivable from Party B to the account designated by Party B within three working days from the date when Party B proposes to collect the management fee.
Eight. Entry into force of the contract:
1. This contract shall come into effect as of the date when Party A officially hands over the entrusted assets to Party B for management.
2. This contract is made in duplicate, with each party holding one copy.
Nine. Other agreements:
1. After the entrustment expires, Party A has the right to recover the entrusted funds and the income to be distributed according to this contract.
2. Within five days after the entrustment expires, Party A and Party B shall go through the liquidation procedures of assets and income (the designated bank account is the same as Paragraph 7). From the entrustment deadline to the liquidation date of both parties, Party B will no longer calculate the income for Party A's assets.
Unless there is force majeure (such as war, earthquake, etc.). ), Party A and Party B shall not require to terminate this contract in advance. Party A's voluntary withdrawal shall be deemed as the premature termination of the entrusted assets contract. Unless the Contract is terminated early in Paragraph 4 of Article 9 of this Agreement, if Party A requests to terminate the Contract early or Party A withdraws funds by itself, the loss of the account shall be borne by Party A, and Party B has the right to withdraw 2% of the assets entrusted by Party A as the management fee.
4. When the loss of entrusted assets reaches, Party A may choose to terminate this contract.
X. liability for breach of contract:
Party A and Party B shall abide by the above terms, and neither party shall breach the contract. If Party A or Party B violates this contract, all losses arising therefrom shall be borne by the breaching party and the corresponding legal responsibilities shall be investigated.
Party A: (signature) Party B: (signature)
ID number: Representative:
Address: Address:
Tel: Tel:
This contract was signed on.
Entrusted operation contract of state-owned assets II
Chapter I Statement
Article 1 Commitments and statements of the Principal
The client guarantees that the source and use of the entrusted funds are legal, and has read the full text of the contract before signing the contract to understand all relevant rights, obligations and risk statements.
Article 2 Undertakings and Statements of the Administrator
The manager promises to manage the entrusted funds in the principle of honesty, trustworthiness and prudence, but does not guarantee a certain income of the entrusted funds or the lowest rate of return of the entrusted funds. The manager's prediction of the past performance and future income of the entrusted funds is only for the client's reference, and does not constitute the manager's commitment to ensure that the entrusted funds will not suffer losses or get the lowest income.
Chapter II Rights and Obligations of the Parties
Article 3 Customer's Rights
(1) You can query the profit and loss, net value and other data information of entrusted funds through China International Futures Margin Monitoring Center;
(2) Supervise the management of entrusted funds, and terminate the entrustment of fund management according to the circumstances agreed in this contract.
Article 4 Obligations of the Client
(1) Pay the entrusted funds to the manager in full according to the time agreed in this contract;
(2) If the entrusted management fund is withdrawn in advance before the end of the contract period as agreed in the contract, the management fee, performance reward of the manager and liquidated damages shall be paid;
(3) Do not interfere with the investment strategy and entrusted fund management instructions of the manager within the scope authorized by this contract;
(four) shall not operate the entrusted asset management account.
Article 5 Rights of administrators
(a) according to the contract, collect management fees and managers' performance remuneration;
(II) Since the effective date of this contract, the entrusted funds shall be managed and operated in accordance with this contract.
Article 6 Obligations of the Administrator
(1) Conduct professional investment analysis, formulate and implement investment strategies, be honest and trustworthy, and be diligent and conscientious, and shall not engage in any behavior that harms the interests of customers;
(2) In case of major events and changes that may affect the interests of the client, the client shall be informed in advance or within a reasonable time.
Chapter III Entrusted Funds
Article 7 Initial entrusted funds
(1) The client shall transfer the first entrusted fund of RMB _ _ _ _ _ _ _ _ _ _ ten thousand Yuan to the client according to the stipulations of this contract.
Article 8 The management period of entrusted funds
The entrusted management operation period of this product is _ _ _ years, from _ _ _ _ (the start date of entrusted fund operation) to _ _ _ _ _ _.
Article 9 Withdrawal of entrusted funds during the duration of the contract
During the validity of this contract, the client may not withdraw the entrusted funds. If the client really needs to withdraw the entrusted funds, it needs to submit a written application to the manager. Within two working days after the administrator receives the application, the client can withdraw the entrusted funds and terminate the contract after collecting the liquidated damages from the client.
The breakdown of liquidated damages is as follows:
1. If the operation start date of the entrusted funds is less than 1 month, a penalty of% of the actual entrusted amount shall be paid.
2. If the operation date of the entrusted funds is less than 3 months, a penalty of% of the actual entrusted amount shall be paid.
3. If the operation date of the entrusted funds is less than 6 months, a penalty of% of the actual entrusted amount shall be paid.
4. If the operation start date of the entrusted funds is less than 65,438+02 months, the liquidated damages shall be paid at% of the actual entrusted amount.
5. If the situation caused by force majeure is not considered as breach of contract. Force majeure refers to an objective situation that both parties cannot foresee, avoid and overcome. Including but not limited to natural disasters such as floods, fires, earthquakes, wars, riots, public health emergencies, government expropriation, Warcraft, sudden power failure or other emergencies, major failures, paralysis, suspension of business of managers, abnormal suspension or suspension of trading of futures exchanges and stock exchanges.
Article 10 Asset management account management
During the validity period of this contract, the client shall not cancel the asset management account or transfer funds from the asset management account to the bank settlement account through the banking system without the consent of the administrator. The entrusted asset management account information and customer bank settlement account information are as follows: Asset management account name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _; Account number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _; Account name of bank settlement account: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _; Bank of deposit: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _; Bank account: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _;
Article 11 Investment objectives
(1) The investment scope of the asset management business under this contract is: China Shanghai Futures Exchange and Dalian Stock Exchange.
For commodities and other futures listed on the Exchange, Zhengzhou Futures Exchange and China Financial Futures Exchange, the position of basic contracts shall not be less than 6,543.8+0,000 lots. If the contract position is less than 654.38+00,000 lots during the position holding period, the position shall be closed or moved to the same variety contract with more than 654.38+00,000 lots;
(2) According to the actual investment demand, the client and the manager can sign a supplementary contract through consultation to adjust the investment scope, otherwise the manager has no right to invest in the investment target beyond the agreement.
Chapter IV Investment Risks
Article 12 Risk-taking mechanism
(1) The customer will not bear the losses caused by the transaction in the management account.
(2) If the amount of the remaining funds in the entrusted account plus the profit distributed by the customer is lower than the initial entrusted funds at the expiration of the contract, the manager needs to make principal compensation for the part lower than the entrusted funds within three working days after the expiration of the contract.
Chapter V Asset Management Business Expenses and Performance Rewards
Article 13 Entrusted account management
(1) Unless otherwise specified, the following equity data used for calculation shall be subject to the report provided by China Margin Monitoring Center;
(2) The administrator manages the expenses and profits inside and outside the account:
Article 14 Performance compensation
(1) Time point of settlement of investment income distribution;
The portion with investment income exceeding 8% shall be distributed monthly, starting from May 30th, 20_, and the monthly settlement date of entrusted account income shall be15th, and the investment income shall be distributed in one lump sum.
(2) Specific measures for the distribution of investment income:
The investment income distribution method of the entrusted account agreed in this contract is as follows:
1. If the account is profitable, the first 8% (including 8%) of the fund income of the account will be given priority to the principal. After 8% (excluding 8%), the principal and the manager will be divided into 4:6, and the principal will get 40% of the fund income, and the manager will get 60% of the fund income.
2. At the time of monthly settlement, if the latest rights and interests of the account are greater than the initial entrusted funds, the customer needs to put forward all the parts beyond the initial entrusted funds and distribute the profits; If the latest equity of the account is less than the initial entrusted funds, the account will still retain the latest equity funds for the next month's settlement cycle.
3. When the contract expires, calculate the final total income of the account according to all the distribution income plus the latest rights and interests, and get the final income distribution due to the principal and the manager. The excess part extracted by the manager is returned to the fund production management account, and the insufficient part is deducted from the asset management account for final distribution.
For example, suppose an asset management account, with a contract period of 3 months (assuming that the manager allocates 50%), 1 month.
The income was 654.38+million, the manager took 50,000, the income in February was 200,000, the manager took 654.38+million, and the loss in March was 654.38+million. Then the total distribution income of the final account is 100000+200000-100000 = 200000, so the income distribution that the manager should get is10000, and the actual manager has already allocated 150000, so that so many 5000 are allocated.
4. After the account is settled, the client shall transfer part of the investment income that the manager should get into the manager's account selected in Article 13 within 3 working days of the settlement date, otherwise it will be regarded as the client's breach of contract.
Chapter VI Asset Management Account Information
Article 15 Ways for the client to inquire about the entrusted asset management account
(1) Customers can check the profit and loss, net value and other data of entrusted funds through China Futures Margin Monitoring Center every day at. Login user name: _ _ _ _ _ _, and login password: _ _ _ _ _ _. (2) Bank password:
Customers need to keep their own bank passwords, and administrators have no right to obtain their bank passwords from any channel.
(3) Transaction password:
The transaction password is kept by the administrator and not provided to the customer, so as to prevent the influence of the landing of the fund account in different places on the management of the fund account. (4) Fund password:
The fund password is kept by the administrator, and only the first withdrawal date and monthly settlement date of the management fee are informed to the customer for the customer to withdraw and distribute the account management fee and monthly income.
Chapter VII Liability for Breach of Contract
Article 16 the principal's liability for breach of contract
If the customer violates the terms stipulated in the contract, it will constitute a breach of contract, and all losses and legal liabilities caused thereby will be borne by the customer, which will be handled in the following ways:
When the latest equity of the asset management account is greater than the initial entrusted funds, the principal can only withdraw the entrusted assets from the management account. When the latest equity of the asset management account is less than the initial entrusted funds, the client can only withdraw the latest equity limit of the asset management account from the asset management account, and the manager will not make any compensation for the losses.
Article 17 the manager's liability for breach of contract
If the manager violates the terms stipulated in the contract, it will constitute a breach of contract, and all losses and legal responsibilities caused thereby will be borne by the manager and handled in the following ways:
When the latest equity of the asset management account is greater than the initial entrusted funds, the customer will withdraw all the funds from the asset management account, and no profit will be distributed in the proceeds, and all the proceeds will be owned by the customer. If the latest equity in the asset management account is less than _ 100% of the initial entrusted funds, the manager shall bear all the additional losses below 100%.
Chapter VIII Exemption Clause
Article 18
Under any of the following circumstances, one party to the contract may be exempted from liability:
(1) If either party fails to perform this contract due to force majeure, it shall be exempted from its responsibilities in part or in whole according to the influence of force majeure. If either party is unable to perform this contract due to force majeure, it shall notify the other party in time, provide proof that it is affected by force majeure within a reasonable period, and take appropriate measures to prevent the loss from expanding.
(2) If the contract cannot be performed due to the above-mentioned force majeure, and the latest rights and interests of the entrusted account are greater than the initial entrusted funds, the part exceeding the initial entrusted funds shall still be distributed between the principal and the administrator according to the proportion agreed in Article 14.
(III) Due to the revision of policies and regulations and other circumstances stipulated by laws and regulations, either party to this contract cannot perform this contract in time or in full, and is exempted from corresponding responsibilities.
Chapter IX Confidentiality Clause
Article 19
Without the permission of the other party, either party shall not disclose any contents of the terms of this contract, the signing and performance of this contract and any information of the other party and its affiliated companies obtained through the signing and performance of this contract to a third party (except the laws, accountants and employees of both parties, but excluding affiliated enterprises).
Chapter X Application of Law and Dispute Resolution
Article 20
(1) All disputes arising during the execution of this contract shall be settled through friendly negotiation. If negotiation fails, either party may bring a lawsuit to the people's court with jurisdiction at the administrator's domicile. (II) The conclusion, execution, interpretation and dispute settlement of this contract shall be governed by the laws of China.
Chapter 11 Others
Article 21
1. Other matters not covered shall be settled by both parties through negotiation.
2. This contract is made in duplicate, one for each party, with the same legal effect. It will take effect after being signed or sealed by both parties.
3. The notes, annexes and supplementary contracts of this contract are an integral part of this contract and have the same legal effect as this contract.
Signature (seal) of the manager:
Signature (seal) of the client:
Date: _ _ _ _ _ _
Entrusted operation contract of state-owned assets 3 pages
Party A (the entrusting party): Party B (the entrusted party):
ID number: ID number:
Tel: Tel:
Chapter I conclusion of a contract
Article 1 Based on the special trust in Party B, Party A entrusts Party B to provide financial services for the use of funds, so as to effectively operate funds and obtain operating income. ..
Article 2 Party B can only manage and use the entrusted funds within the business scope of Party A, and shall not use them for other purposes.
Article 3 Party A shall deposit Party A's capital of RMB10,000.00 Yuan into the following bank account on a voluntary basis through friendly negotiation before.
Account name:
Bank of deposit:
Account number:
Article 4 Unless the contract is terminated due to the termination stipulated in this contract, Party B's management of Party A's funds shall be valid for years, from year month to year month.
Article 5 Party B shall report the change of funds to Party A every day.
Chapter II Performance of the Contract
Article 6 Party B shall abide by the principles of honesty, credit and diligence, and perform management obligations with professional knowledge.
Article 7 During the validity period and after the termination of the contract, Party B shall not disclose its business strategy and financial status to a third party, and shall not harm the interests of Party A. ..
Chapter III Dissolution and Termination of Contracts
Article 8 Party A and Party B may dissolve this contract through consultation.
Article 9 When this contract is dissolved, the rights and obligations of this contract shall be terminated at the same time.
Article 10 After the termination of the rights and obligations under this contract, Party A and Party B shall follow the principle of good faith, liquidate the funds and fulfill the obligations of notification, assistance and confidentiality.
Chapter IV Liability for Breach of Contract
Article 11 If Party B discloses the fund operation strategy or financial status during the validity period of the contract and after the termination of the contract, thus causing losses to Party A, Party A has the right to require the entrusting party to bear corresponding legal responsibilities.
Article 12 If Party B fails to return the funds (initial amount+profit and loss management fee) to Party A after the expiration of this contract, in addition to returning the funds to Party A, it shall also pay a penalty of 65,438+00% per day from the expiration date.
Chapter V Entry into Force of Contract
Article 13 This contract is made in duplicate, with each party holding one copy.
Article 14 This contract shall come into effect as of the date when Party A deposits the money into the bank account agreed in this contract after being signed and sealed by both parties.
Party A (the entrusting party): Party B (the entrusted party):
Authorized signature: authorized signature:
Date:
Date:
Three clauses related to the entrusted operation contract of state-owned assets;
★ There are 3 samples of standard asset entrustment management agreement.
★ Three simple modes of entrusted management contract
★ Three practical entrusted management contract models
★ 3 samples of asset operation entrustment contract.
★ 3 The reference sample of the entrusted management agreement contract is the latest.
★ 3 Model clauses of entrustment management agreement
★ The latest three model clauses of the entrustment management agreement.
★ 3 Model entrustment management agreement, latest in 2020
★ 3 practical commissioned management operation contracts
★ 3 entrusted management contracts for the project in 2020.