To establish a trust investment company, one must apply for approval from the People's Bank of China and obtain a "Trust Institution Legal Person License".
To carry out trust business, the following conditions must be met: 1. Have a company's articles of association that comply with the Company Law of the People's Republic of China and the provisions of the People's Bank of China.
2. There are shareholders who have the qualifications for shareholding prescribed by the People's Bank of China.
3. Have the minimum registered capital prescribed by trust investment management companies (not less than 300 million yuan, and not less than 15 million US dollars for foreign exchange business).
4. Have senior managers with qualifications prescribed by the People's Bank of China and trust practitioners suitable for their business.
5. Have a sound organizational structure, trust business operating rules and risk control system.
6. Have business premises, safety precautions and other business-related facilities that meet the requirements.
7. Other conditions specified by the People's Bank of China.
When entering into a trust, the formalities performed to constitute a legal act are acts of trust.
Trust behavior refers to the signing of a contract or agreement between the trustor and the trustee.
In addition, making a will by the client is also a legal act and a trust act.
Depending on the purpose of the trust, different contracts need to be signed, but for businesses that belong to the same category and occur in large quantities, such as trust deposits, it is not necessary to sign the contracts one by one. The trust department will only issue them to the entruster to print them uniformly, with written terms.
A trust deposit certificate similar to a contract will suffice.
Trust property refers to property transferred from the settlor to the trustee through a trust act.
Trust property includes not only tangible property, such as stocks, bonds, items, land, houses, and bank deposits, but also intangible property, such as insurance policies, patents, trademarks, reputation, etc., and even some natural rights and interests (such as those established before death).
A will creates a natural interest for the beneficiaries).
Fiduciary duty refers to the trustee's responsibility to the settlor/beneficiary to manage the property strictly according to the settlor's wishes (rather than his own).
Fiduciary responsibility means that when a trust relationship is established, the trustee has fiduciary responsibilities and must not let his own interests conflict with his responsibilities. He must not seek benefits from his position as a trustee, nor may he obtain any benefits unless the trustor agrees.