What are the ways in which trusts operate and what are the ways in which trusts are established?

Trust is an act in which the settlor entrusts its property rights to the trustee based on its trust in the trustee, and the trustee manages and disposes of it in its own name for the benefit of the beneficiary or for a specific purpose according to the settlor's wishes. Trust is a kind of financial management, a special property management system and legal act, and a financial system. Trust, together with banking, insurance, and **, constitute the modern financial system.

Trust business is a kind of legal act based on credit, which generally involves three parties, namely, the settlor who invests in credit, the trustee who is trusted by the person, and the beneficiary of the beneficiary.

With regard to the "operation methods and steps of the real estate trust financing method", since it is "trust" financing, it can be designed arbitrarily in the imaginary space, as long as it does not cross the boundaries of the law

In fact, the key to real estate "trust" financing is how to finance investment, financing can be through a collective or a single trust plan to raise the required funds, investment can be carried out through loans or equity, etc., as long as the income is guaranteed and the risk is controllable, the specific operation can be complex or simple

Trust business is an economic behavior based on credit entrustment, with a certain economic purpose. That is, the department (or individual) that controls the emptiness of funds (or property) entrusts the trust institution to use or manage it on its behalf, and the trust institution complies with the conditions and scope agreed upon by the trust institution to use and manage its funds or property and return it on time. Since the trust business is to manage or handle assets on behalf of others, the trust institution must have credibility and sufficient funds.

The scope of trust business includes commercial trusts, civil trusts, charitable trusts and other fields. With the development of the economy of various countries, the market situation is becoming more and more complex, and customers entrust the bank to use funds, property, or invest in real estate trust business, which is increasing day by day. The domestic trust business is carried out by the central bank.

Approved financial trust and investment companies can conduct business through imitation, mainly including four types of trust business, such as capital trusts, movable property trusts, real estate trusts and other property trusts, such as profit wealth.

1. According to the way in which the trust relationship is established, it is divided according to the standard: arbitrary trust, statutory trust;

2. According to the nature of the trust property, it is divided into money trusts, movable property trusts, real estate trusts, valuable trusts, and monetary creditor's rights trusts;

3. Divided according to the purpose of the trust: guarantee trust, management trust, disposal trust, management and handling trust;

4. According to the legal position of trust matters, it is divided into civil trusts and commercial trusts;

5. Divide trusts from the perspective of the settlor: personal trusts (living trusts, posthumous trusts), corporate trusts;

6. According to the purpose of the trustee to undertake the trust business, it is divided into business trusts and non-business trusts;

7. Classification of sexual drag from the perspective of beneficiaries: self-benefit trusts, other benefit trusts, private benefit trusts, and charitable trusts;

8. Divided according to the geographical area involved in the trust: international trust, domestic trust;

9. Divided according to the business scope: broad trust, narrow trust;

According to the different expressions of intention of the trust, it can be divided into express trust, implied trust, and statutory trust.

Express trust: An express trust is a trust established by the settlor with a clear expression of intent. The settlor's clear expression of intent takes the form of a trust contract, a will, and other trust documents.

Express trusts, also known as "direct trusts", include wills, deeds, unstamped documents and oral forms.

implied trusts; The so-called implied trust refers to a trust that is created according to the interpretation of facts and the conduct of the parties without the express intention of the settlor, and this kind of trust is a presumptive trust in the equitable law of the common law system.

Statutory trust: The so-called statutory trust refers to the trust that the national law expressly stipulates that the parties must establish, and it is a trust that arises due to the mandatory provisions of the law. A statutory trust is a trust established directly in accordance with the provisions of a statutory law.

The establishment of a statutory trust does not depend on the express or implied intention of the owner of the property, nor on the legal presumptive intention; As long as a legal fact that meets the statutory conditions occurs, a trust relationship is formed between specific parties. Article 55 of the Trust Law of the People's Republic of China stipulates that: "After the ownership of the trust property is determined, the trust shall be deemed to exist and the owner of the right shall be deemed to be the beneficiary in the process of transferring the trust property to the owner of the right."

After the termination of the trust, the statutory trust is deemed to have been established within the period before the transfer of the trust property is completed.

Private Wealth Manager (PWM) refers to a comprehensive financial plan designed by providing a series of financial services such as cash, credit, marriage and family, tax planning, insurance, family trust, and investment portfolio to the service population. Manage the assets, liabilities and liquidity of the service population to meet the financial needs of the service population at different stages, and help the service population achieve the purpose of reducing risks, achieving wealth security, value preservation and appreciation, and inheritance.

1. Trust loans: The trust funds will be issued to the project company in the name of the trustee (trust company).

2. Equity investment: Invest trust funds in brother rights and interests that can bring stable cash flow.

3. Investment: Invest trust funds in the market, including the primary market, secondary market, private placement, etc., and the trustee of investment products will generally entrust investment consultants to manage them.

4. Equity Liquid Investment: The trust funds will be invested in the project company in the name of the trustee, and the income will be obtained through equity appreciation, dividends or premium repurchase.

5. Portfolio application: The trustee will use the trust funds in combination with the project company in the form of equity investment, equity investment, loans, etc. Although the trust has a little risk, relatively speaking, the trust platform is very reliable.

(1) Entrusted with the operation of fund trust business. That is, the trustor entrusts the trust and investment company to manage, use and dispose of the funds legally owned by the trustor in accordance with the agreed conditions and purposes.

2) Entrusted with the trust business of movable property, immovable property and other property. That is, the settlor entrusts the trust and investment company to manage, use and dispose of its movable property, immovable property, intellectual property rights and other property rights in accordance with the agreed conditions and purposes.

3) Entrusted with the investment business permitted by laws and administrative regulations, and engaged in investment business as the initiator of the investment or management company.

4) Engage in intermediary business such as restructuring of enterprise assets, mergers and acquisitions, project financing, corporate financial management, and financial advisory.

5) Entrusted with the underwriting business of treasury bonds, policy bank bonds, corporate bonds and other bonds approved by relevant departments.

6) Management, use and disposal of property.

7) Custody business.

8) Credit witnessing, credit investigation and economic consulting business.

9) Providing security for others with inherent property.

10) Other businesses approved by the People's Bank of China.

Legal basis

Trust Law of the People's Republic of China

Article 14 The property acquired by the trustee as a result of the commitment trust is the trust property.

The property acquired by the trustee as a result of the management, use, disposal or other circumstances of the trust property is also classified as trust property.

Property that is prohibited from circulation by laws and administrative regulations must not be used as trust property.

Property restricted from circulation by laws and administrative regulations may be used as trust property after being approved by the relevant competent departments in accordance with law.

Article 15 Trust property is distinguished from other property for which the settlor has not established a trust. After the establishment of the trust, when the settlor dies or is dissolved, revoked or declared bankrupt according to law, and the settlor is the sole beneficiary, the trust shall be terminated and the trust property shall be regarded as his estate or liquidation property;If the settlor is not the sole beneficiary, the trust shall continue and the trust property shall not be regarded as his estate or liquidation property;However, when the settlor who is a co-beneficiary dies or is dissolved, revoked or declared bankrupt in accordance with law, his trust beneficiary rights shall be regarded as his estate or liquidation property.

Article 16 Trust property is distinguished from property owned by the trustee (hereinafter referred to as inherent property) and shall not be included in or become part of the inherent property of the trustee.

If the trustee dies or is dissolved, revoked or declared bankrupt in accordance with law, the trust property does not belong to his estate or liquidation property.

Trust products.

Open Classification: Financial.

Trust, also known as "trust entrustment", is a property management system with assets as the core, trust as the foundation, and entrustment as the way. For the benefit of himself or a third party, a person who owns property gives his property that he cannot manage and use well to a trusted person to manage or dispose of. The person entrusted with the property right is charged a certain fee.

The establishment of the trust business meets the following conditions: first, there must be a tripartite trust relationship of the settlor (trustee), the trustee and the beneficiary;Second, there must be a trust contract jointly signed by the trust parties;Third, the property or funds of the trust must indeed belong to the settlor.

Financial trust products refer to financial products that provide investors with low risk and stable income returns. As a financial management method with risks and returns between bank RMB wealth management products and high security measures, trust investment is favored by the majority of institutional and individual investors by virtue of its high and stable income level and high security measures.

In terms of investment methods, trust products are similar to savings and treasury bonds, and generally have a relatively fixed term and a clear rate of return (trust is the expected rate of return). After purchasing trust products, investors can generally receive the income and principal at maturity, saving time and worry.

The main varieties are:

1.Loan trusts.

Loan trust refers to the trust method that absorbs funds through trust and uses it to issue loans. This type of trust product is currently the largest in number.

2.Equity trusts.

This type of trust product is to raise funds by setting up a trust for equity that can bring cash flow, and its outstanding advantage is to realize the realization of the company's intangible assets, thereby accelerating the turnover of equity ownership companies' funds and realizing the replacement of different growth assets, which is conducive to the company to grasp favorable investment opportunities, quickly intervene, and maximize the company's value.

3.Financial lease trusts.

4.Real estate trusts.

Land and various building facilities above or below ground are collectively referred to as immovable property.

I've been in the trust industry for a few years and haven't heard of you yet.

1.Consignment model: The P2P platform is only responsible for selling part of the shares and acts as an investment advisor.

However, in terms of trust distribution agencies, the CBRC has clearly defined and restricted them, and at present, the vast majority of P2P platforms certainly do not have this condition. ”

2.Pledge mode: The form of transfer here is creditor's rights, not trust income rights, and the counterparty is a trust investor, not a trust company, so there is no regulatory red line. However, it is not excluded that investors will become bad trusts.

3.Income right splitting model: It refers to the share split of the 1 million-level trust plan, and investors can invest in P2P products and indirectly hold shares of a trust product that has not yet expired.

However, the Measures for the Administration of Trust Plans for Collective Funds of Trust Companies stipulate that the number of natural persons in a single trust plan shall not exceed 50, and those who invest in trust products must meet certain asset and income conditions.

So in order to circumvent these regulations, P2P platforms and trust companies have derived two other models:

The first is the "escrow mode".

The second is the limited partnership model.

The trust business mainly includes two aspects: entrustment and **. The former refers to the owner of the property entrusting his property to others for the benefit of himself or his designee, and requesting that the property be properly managed and operated profitably according to a certain purpose; The latter refers to certain economic matters that one party authorizes the other party to handle on its behalf.

Trust business includes: trust deposits, trust loans, trust investment, property trusts, etc. Round books such as:

Entrusted business includes: entrusted deposit, entrusted loan, and entrusted investment.

Business categories include: issuance of bonds, collection and payment, collection of arrears, supervision, credit visa, accounting affairs, insurance, custody, purchase and sale of value, etc.

Leasing business includes: direct leasing, sub-leasing, ** leasing, leaseback leasing, etc.

Consulting business categories include: credit investigation, business investigation, investment consulting, customer introduction, financial business consulting, etc.