1, the legal basis is different. The foundation of corporate fund is company law, contractual fund is established according to fund contract, and trust law is its legal basis.
2. The legal person qualification of the fund property is different. Corporate funds have legal personality, while contractual funds do not.
3. The vouchers issued are different. Corporate funds issue stocks, and contractual funds issue beneficiary certificates (fund units).
4. The status of investors is different. As the shareholders of the company, the capital contributors of the company have the right to express their opinions on the major decisions of the company, attend the shareholders' meeting and exercise the shareholders' rights. Investors of contractual funds become the parties to the contractual relationship after purchasing beneficiary certificates, that is, beneficiaries, and have no say in the use of funds.
5. The application basis of fund assets is different. Corporate funds use fund assets according to the articles of association, and contractual funds use fund assets according to contracts.
6. Different financing channels. The company fund has the legal person qualification, and can borrow money from the bank under certain circumstances. Contractual funds generally cannot borrow money from banks.
7. The Fund operates in different ways. Corporate funds, like ordinary joint-stock companies, are generally permanent unless they reach the bankruptcy liquidation stage stipulated in the Company Law; The contractual fund is established and operated according to the fund contract. When the contract expires, the fund operation will be terminated accordingly.
1. A corporate fund is a joint-stock investment company formed by investors with the same investment objectives who invest in specific objects (such as securities and currencies) for profit in accordance with the provisions of the Company Law. This fund is an economic entity with legal personality, which raises funds by issuing stocks. Fund holders are both fund investors and company shareholders. After a corporate fund is established, it usually entrusts a specific fund manager or investment consultant to invest in the fund assets.
2. A contractual fund is a fund established on the basis of a certain trust deed. Generally, it is established by a fund management company (trustee), a fund custodian (trustee) and an investor (beneficiary) through a trust investment contract. There is such a relationship among the three parties of contractual funds: the trustor uses the trust property to invest according to the contract, the trustee is responsible for keeping the trust property according to the contract, and the investor enjoys the investment income according to the contract. Contract funds generally raise funds by issuing fund beneficiary certificates or fund units, which is a kind of securities, indicating investors' ownership of fund assets and participating in the distribution of investment rights and interests by virtue of their ownership.