信托投资公司管理办法 Administration of Trust and Investment Corporations Procedures

>

　　6. acting as an agent in the management， use and disposal of property；

　　7. business of keeping custody on the behalf of others；

　　8. business of credit certification， investigations of creditworthiness and economic consultancy；

　　9. using its own property to provide security for third parties； and

　　10. other business approved by the People's Bank of China.

　　Article 21　Trust and investment corporations may， in accordance with the relevant provisions of the PRC， Trust Law， accept charitable trusts established for the following charitable objectives：

　　1. aiding the poor；

　　2. assisting the victims of disasters；

　　3. supporting the disabled；

　　4. developing education， science and technology， culture， the arts and sports；

　　5. developing medical and public health care；

　　6. developing environmental protection and safeguarding the natural environment； and

　　7. developing other charitable causes.

　　Article 22　A trust and investment corporation may manage or use trust property by leasing it， selling it， lending it， investing it， lending it on the inter-institutional market， etc. in accordance with the stipulations of the trust document.

　　Article 23　Trust and investment corporations may create trust business products in accordance with market needs based on trust objectives， types of trust property or different methods of managing trust property.

　　Article 24　The funds under the trust and investment corporation's owner's equity that may be used in accordance with regulations may be deposited in a bank or used for inter-institutional lending， loans， lease financing or investment， provided that the self-used fixed assets and the equity investment balance does not exceed 80% of the net assets.

　　Article 25　Subject to the approval of the People's Bank of China， a trust and investment corporation may engage in inter-institutional lending.

　　Article 26　A trust and investment corporation's scope of business shall be stipulated in its articles of association and submitted to the People's Bank of China for its approval.

　　PART FOUR　RULES OF OPERATION

　　Article 27　The establishment of a trust shall be effected in written form. Written forms shall include trust contracts， wills and other written documents stipulated in laws or administrative regulations.

　　Article 28　When a trust is established in the form of a trust contract， the trust contract shall specify the following particulars：

　　1. the objective of the trust；

　　2. the names and domiciles of the settlor and trustee；

　　3. the beneficiary or the class of beneficiaries；

　　4. the scope， type and state of the trust property；

　　5. the rights and obligations of the parties to the trust；

　　6. the disclosure and assumption of risks during management of the trust property；

　　7. the method of managing the trust property and the limits of operation of the trustee；

　　8. the format and method of calculating the benefits of the trust and of paying the benefits of the trust to the beneficiary；

　　9. the calculation and payment of the remuneration of the trust and investment corporation；

　　10. the assumption of taxes and fees on the trust property and the calculation of other fees；

　　11. the term and termination of the trust；

　　12. ownership of the trust property upon the termination of the trust；

　　13. the reporting of trust affairs；

　　14. liability for breach of contract by the parties to the trust and the method of arbitrating disputes；

　　15. the method of appointing new trustee； and

　　16. other particulars that the settlor and the trustee consider necessary to be specified.

　　When a trust is established by a written document other than a trust contract， the particulars to be specified in the written document shall comply with the provisions of the relevant laws and administrative regulations.

　　Article 29　A trust and investment corporation shall act in the best interest of the beneficiary when carrying out trust affairs and it shall prudently manage the trust property.

　　Article 30　Trust and investment corporations may not take in deposits under the guise of engaging in fund trust business or other business.

　　Article 31　When engaging in trust business， a trust and investment corporation may not：

　　1. use its position as trustee to seek inappropriate benefits；

　　2. divert trust property for non-trust purposes；

　　3. promise that no loss will be incurred in respect of the trust property or guarantee minimum earnings；

　　4. use trust property as security；

　　5. invest trust funds in negotiable instruments issued by itself or by a connected person；

　　6. lend trust funds to itself or to a connected person；

　　7. trade trust property in different trust accounts against each other；

　　8. trade its own property and trust property against each other； or

　　9. carry out any other act prohibited in laws or administrative regulations or by the People's Bank of China.

　　A trust and investment corporation shall not be subject to the restrictions of Items （4） to （8） above if it carries out the transaction in accordance with the provisions of the trust document and at a fair market price.

　　Article 32　For the purposes of the preceding Article， the term “Connected Person” refers to：

　　1. a shareholder that holds not less than 10% of the equity in the trust and investment corporation；

　　2. the enterprise that holds a controlling interest in the trust and investment corporation；

　　3. any of the trust and investment corporation's directors， supervisors， general manager， trust business personnel and their close relatives；

　　4. any company， enterprise or other economic organization in which any of the afore-mentioned persons has invested and holds 5% or more of its shares， or holds a senior management position.

　　Articl

e 33　A trust and investment corporation shall manage trust affairs itself， unless otherwise specified in the trust document， or in circumstances where there is no alternative， in which case it may entrust a third party to handle the trust affairs on its behalf.

　　Article 34　A trust and investment corporation shall maintain the confidentiality of the settlor， the beneficiary， its handling of trust affairs and information thereon， unless otherwise provided in laws， administrative regulations or the trust document.

　　Article 35　A trust and investment corporation shall separately manage and keep separate accounts for trust property and its own property， and shall separately manage and keep separate accounts for the trust property of different settlors.

　　Article 36　A trust and investment corporation shall duly keep complete records of its handling of trust affairs and shall report regularly （at least once a year） on the trust property and its management， use and disposal thereof， and the details of receipts and expenditures connected therewith to the settlor and the beneficiary.

　　The settlor and the beneficiary have the right to seek information from the trust and investment corporation on the management， use and disposal of its trust property， and the details of receipts and expenditures connected therewith at any time， and demand that the trust and investment corporation provide an explanation thereof.

　　Article 37　When engaging in trust business， a trust and investment corporation shall receive remuneration in the form of a handling fee or a commission in accordance with the agreed upon provisions.

　　The standard for the remuneration received by the trust and investment corporation may be determined through consultation with the settlor， unless otherwise specified by the People's Bank of China.

　　Article 38　If the trust and investment corporation's disposal of trust property runs counter to the trust objective， or loss is incurred in respect of the trust property due to a breach of its management responsibilities or improper handling of trust affairs， the trust and investment corporation may not seek the payment of its remuneration before it returns the trust property to its original state or before it effects compensation.

　　Article 39　The expenses paid and the debts borne by a trust and investment corporation in the handling of trust affairs shall be borne from the trust property， but the trust and investment corporation shall specify it in the trust contract or clearly notify the settlor. If the trust and investment corporation advances the payment of such expenses and debts from its own property， it shall be entitled to priority repayment from the trust property. The debts borne and damage incurred by a trust and investment corporation due to a breach of its management responsibilities or mismanagement of trust affairs shall be borne from its own property.

　　Article 40　If the trust and investment corporation's disposal of trust property runs counter to the trust objective， or its management， use or disposal of trust property is grossly negligent， the settlor has the right to dismiss the trust and investment corporation in accordance with the provisions of the trust document， or petition to the people's court to dismiss the trust and investment corporation.

　　Article 41　When a trust and investment corporation is terminated， its responsibilities for managing trust affairs also terminate. The liquidation committee shall duly safeguard the trust property， prepare a report on

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/