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The so-called due diligence refers to a series of activities such as on-site investigation, information collection, and data analysis carried out by the trust company as the trustee on various matters related to the trust after the parties to the trust product reach a preliminary cooperation intention.
Due diligence reports are generally divided into several parts:
1. The opinions of the business department are mainly the introduction of the project, financial analysis, project feasibility and other copywriting from a business point of view.
2. The opinions of the risk control department are mainly to analyze the feasibility of the project and risk prevention from the perspective of risk control.
3. The opinion of the legal department mainly measures the legality and compliance of the project from a legal perspective.
The corresponding process is as follows: the business department's preliminary project approval - due diligence - risk control, the legal department meeting - conference decision-making, and the basis of the project from beginning to end is the above-mentioned due diligence report.
Generally, there will be a concise version of the due diligence report, which is generally accompanied by the trust contract, and the investor has the right to understand and view, and can ask the staff of the trust company to provide it, and if it is contacted with the third-party company, the third-party company will generally provide it, which is the basic basis for the investor to understand the project risk and investment.
Some projects are sold through the Internet, and it should be possible to search directly on the Internet, but it is generally a simple version, and the detailed report usually has to be obtained from the staff of the trust company. Through the establishment of this system, the overall data of the trust industry can also be improved, and the current data of trust products is relatively general and not detailed enough. After the establishment of the system, it can not only allow the regulator to grasp the situation more comprehensively, but also make the business development of the trust company more standardized.
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A due diligence report is required for channel-based Youji trusts. Because trust due diligence is an important part of the process of establishing trust products, even communication trusts require due diligence reports.
After the due diligence is the initial cooperation intention of all parties to the trust product, the trust company, as the trustee, will carry out a series of activities such as on-site investigation, information collection and data analysis on various matters related to the trust after consensus. The trust company's due diligence on the trust parties is mainly to ensure that the trust parties have the qualifications required by laws and regulations, including the capacity for civil rights and civil conduct.
Additional briefing on due diligence.
In the process of due diligence, the trust company may entrust a third-party institution such as an accounting firm, a law firm, an asset appraisal agency to issue a professional opinion and refer to it when considering the project. Trust companies, whether they conduct due diligence on their own or entrust a third party to conduct due diligence, need to bear the risks and responsibilities associated with due diligence.
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As can be seen from Article 5 below, the establishment plan of a trust company will conduct due diligence on the financing party and the purpose of financing.
According to the Trust Law of the People's Republic of China, trust refers to the act of entrusting the settlor's property rights to the trustee based on his trust in the trustee, and the trustee will manage or dispose of it in his own name for the benefit of the beneficiary or for specific purposes according to the settlor's wishes.
A trust company shall meet the following requirements when establishing a trust plan:
1) The client is a qualified investor;
2) The settlor participating in the trust plan is the sole beneficiary;
3) The number of natural persons in a single trust plan shall not exceed 50, but there is no restriction on the number of natural person investors and qualified institutional investors with a single entrustment amount of more than 3 million yuan;
4) The term of the trust shall not be less than 1 year;
5) The trust funds have a clear investment direction and investment strategy, and comply with the national industrial policy and other relevant regulations;
6) Trust units in which the beneficiary rights of the trust are divided into equal shares;
7) The trust contract shall stipulate the remuneration of the trustee, and the trust company shall not directly or indirectly use the trust property to make profits for itself or others in any name except for reasonable remuneration;
8) Other requirements stipulated by the China Banking Regulatory Commission.
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Yes, not only trusts, but also any financial institution that grants loans or equity investments to enterprises. After the project is initiated, the financial institution will do due diligence, but during the due diligence, it will sign a part of the confidentiality agreement, so the report is only the basis for the financial institution's self-judgment, and may not be disclosed to the public.
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This is a must, how can a project be sent out without due diligence? The trust plan is very rigorous and has high requirements for the project.
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Of course, a project without a due diligence report is very irresponsible to investors.
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To put it simply, the purpose of due diligence is to ensure the legitimacy and risk controllability of trust products by verifying the basic elements of trust products and the basic information of all parties to trust transactions, discovering problems and discovering values, so as to ensure the feasibility of trust products.
From the trust company's point of view, due diligence is the starting point for business risk management. In investment and financing activities, the parties to the transaction have an asymmetrical grasp of the information of the target company or the project subject, and the capital demander is very clear about the various assets to be ** or the trust, while the trust company is far less aware of the information than the capital demander. Therefore, carrying out due diligence in all aspects is an important prerequisite for promoting the company's scientific decision-making, completing subsequent business transactions, and controlling and managing various risks.
By conducting due diligence, trust companies can quickly identify various risks in the project, dig out the cash flow and growth points of the target enterprise or project, and identify the inaccuracies in the investment and financing plan or customer statement.
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