1. Testamentary trust Testamentary trust means that the trustor has written a will in advance and stipulates the planning content of the property in detail in the will, including the management, distribution, use and payment of the estate after the trust is handed over.
When the will becomes effective, the trust property will be transferred to the trustee, who will manage and dispose of the trust property according to the contents established by the trust.
A testamentary trust mainly solves the problem of how to manage and dispose of the client's property after his or her death. The difference from general inheritance is that it uses the introduction of a third party, that is, the trustee, to help the client maintain the family status and preserve the value of the property.
Add value, and even use control of property to achieve the purpose of controlling future generations and society.
The main characteristics of a testamentary trust are: (1) A testamentary trust is established in a will as a concrete manifestation of the trustor’s will.
Since a will is unilateral, the trustee needs to make a verifiable commitment in an appropriate manner, which can be in the form of a self-written will or a will on behalf of the trustee.
Article 8 of the "Trust Law of the People's Republic of China" stipulates that a trust must be established in the form of a written contract. The trustee can state the commitment in the will, or the content of the commitment can be notarized by a notary public.
(2) A testamentary trust shall take effect when the trustor dies. The testamentary trust relationship will not be terminated by the death of the legal party.
This is different from the effectiveness of a general trust. After both parties to a general trust agree on an offer and commitment to establish the trust, the trust relationship takes effect immediately.
(3) The transfer of property in a testamentary trust is different from the transfer of property in a general trust.
Generally, trust property is completed by the client himself or his agent through the corresponding real estate change registration or movable property delivery, and the trust takes effect when the property registration or delivery is completed; while when a testamentary trust takes effect, the property transfer (inheritance) has just begun.
The settlor's property has not yet been registered or delivered by his heirs or executors.
2. Insurance trust Insurance trust is a financial trust service product that combines insurance and trust. The insurance payment is the trust property. The insurance policyholder (i.e. the trustor) and the trust company sign an insurance trust contract.
When the insured dies and a claim is settled or a maturity insurance benefit is paid, the insurance company will deliver the insurance money to the trustee (that is, the trust company), and the trustee will manage and use it in accordance with the provisions of the trust contract.
method, the trust property is distributed to the beneficiaries, and the remaining assets are delivered to the trust beneficiaries when the trust period terminates or expires.
The main features of an insurance trust are: (1) Through the terms of the trust, the trustor entrusts the beneficiary rights of the insurance money to the trustee.
The trustor completes the transfer of trust rights by entrusting the insurance policy recording the insurance interests to the trustee as trust property.
Once the insured's claim settlement conditions in the insurance terms occur, the insurance company will deliver the insurance funds to the trustee (trust company), and the trustee will manage the insurance funds in accordance with the provisions of the insurance trust contract to benefit the beneficiaries in the insurance contract, rather than directly
Delivered to the beneficiary in the original insurance contract.
(2) The ultimate purpose of the trustee is to manage and operate the trust property in the best interests of the beneficiaries of the insurance trust.
The trustee should preserve and utilize the trust property for the best interests of the beneficiary, maintain the trust property for the beneficiary, and increase the value of the trust property.
The trustee may obtain due remuneration from the trust property in accordance with the terms of the trust, but may not obtain any other benefits from the trust property.
3. Voting Rights Trust Voting rights trust means that shareholders transfer the voting rights or related rights of their shares to another or several parties in an irrevocable manner within a certain time range according to the agreement in the voting rights trust.
A legal system in which the trustee (the latter can legally exercise voting rights within the period stipulated in the agreement or the law in order to achieve certain legitimate purposes), the shareholder or the person designated by the shareholder enjoys beneficial rights.
Through voting trusts, family members can continue to have share control rights in their companies during the inheritance of family wealth, while transferring management and decision-making rights to the outside world, obtaining key external financial capital and human capital, and sharing the benefits of control rights.
Voting trust is a form of trust used in the commercial field, and its essence lies in the concentration and competition for company control.
In the inheritance of family wealth, controlling shareholders can flexibly use voting rights trusts in a variety of ways to achieve their purpose of controlling the family business.
The main features of a voting trust are: (1) The irrevocability of a voting trust.
The "ownership and control rights" of the trust property are separated from each other. After the voting rights trust is effectively established, within the time limit agreed by the parties and specified by law, the legal relationship of the voting rights trust shall not be terminated due to the incapacity or even death of any of the settlor, trustee or beneficiary.
(2) The limited term and extendibility of voting rights trust.
Usually, there is no time limit for general trust relationships, and the voting rights trust period can be freely agreed upon by the parties to prevent the voting rights trust period from being too long or insufficient, which may damage the rights and interests of entrusting shareholders and beneficiaries.
(3) Securitization of voting trust certificates.