Legal basis: Measures for the Administration of Collective Funds Trust Plans of Trust Companies Article 23 When managing a trust plan, a trust company shall set up departments such as trust fund utilization and information processing to serve the trust plan, and designate a trust manager and relevant staff.
Each trust plan shall be equipped with at least one trust manager. The person who acts as a trust manager shall meet the conditions stipulated by the China Banking Regulatory Commission.
The Supreme People's Court's Interpretation on the Application of Relevant Guarantee System Article 37 If a party mortgages property whose ownership and right to use are unknown or disputed, and it does not constitute the right of disposition after examination, the people's court shall handle it in accordance with the provisions of Article 311 of the Civil Law.
The people's court shall support the mortgagee's request to exercise the right to mortgage the property that has been sealed up or detained according to law, and the measures for sealing up or detaining have been lifted after examination. If the mortgagor claims that the mortgage contract is invalid on the grounds that the property was sealed up or detained when the mortgage was established, the people's court will not support it.
The provisions of the preceding paragraph shall apply to the mortgage of legally supervised property.