What are the types of family trusts in China?

There are many kinds. Different banks have different structures. Different trust companies have different structures. Customized according to customer's needs.

At present, the capital threshold for the establishment of domestic family trusts is usually 30 million yuan to 50 million yuan. The term is usually ten to several decades, for example, the term of family trust of foreign trade trust is 30 to 50 years; The term of family trust of CITIC Trust is more than 10 years, and the term of family trust of Heng Chang series of family business launched by Bank of Beijing and Beijing Trust is 5 to 40 years, of which the first period is 20 years. However, considering that the domestic family trust business is still in the market cultivation stage and the entrusted assets are mainly in currency, in order to seize the market resources, the family trust business launched by practitioners at present presents the characteristics of universal capital threshold and short trust period. There are two main forms of expression: one is a low threshold, large-scale standardized product. Zhongrong Trust launched a "standardized" family trust product with a starting point of 100000 yuan and a term of10 year, which has the characteristics of lower threshold and shorter term. Changan trust and Yingke Law Firm jointly launched a "mini" family trust product, featuring low threshold and semi-customization, with the threshold set at 3 million yuan. Semi-customization means that 70% of the content is determined and 30% of the content is optional. Low-threshold standardized and semi-standardized product positioning is the starting point of customized products, as the basis for cultivating the market and attracting more investors. The second is to pry up the insurance trust with a small one. The "whole life insurance" jointly launched by Xincheng Life Insurance and CITIC Trust has a premium of 8 million, which has shaken tens of millions of premiums.

Shanghai Pudong Development Bank:

Customer marketing: ① branches screen and market private banking customers who need to set up domestic family trust. ② After collecting and sorting out the basic customer demand information, the branch shall fill in the Summary of Customer Demand of Domestic Family Trust and submit it to the Head Office by proxy mail.

Project feasibility judgment: ① The head office and branches determine the members of the project working group. ② Branches, trust companies and customers sign the Confidentiality Agreement for Domestic Wealth Heritage Trust, which shall be signed by relevant personnel of the Head Office. ③ Internal coordination of branches, signing the preliminary examination form of intended customers and sealing it to the Head Office. A branch may sign a confirmation form of basic customer information by the customer as one of the best basic materials. ④ The Private Banking Department of the Head Office shall review the preliminary examination form of the branch, and determine the feasibility of the project according to the customer due diligence conclusion and the feasibility judgment of the trust company. ⑤ According to the instructions of the Head Office, the branch signed the Letter of Intent for Domestic Wealth Heritage Trust Cooperation with customers and trust companies.

Drafting trust plan: the Head Office takes the lead in docking with the trust company, and the trust company designs personalized family trust plan for customers according to their needs; The branch assists the Head Office in coordinating the communication between the customer and the trust company on the trust scheme, and the final scheme is determined by the customer and the trust company.

Contract drafting and signing: trust companies draft trust contracts, etc. , confirmed and signed by the customer through consultation; The head office signs financial advisory contracts with trust companies and customers.

Delivery of trust property: the trust is established when the trustor delivers the trust property to the trust company.

Trust property payment management: during the existence of the trust, the trust company pays the beneficiaries living expenses, medical expenses, education expenses, pensions and other expenses in a planned way.

Customer maintenance and management: during the existence of the trust, the branch cooperates with the trust company to maintain and manage customers.

Trust property investment management: as an investment manager, the trust company manages the idle funds of the trust property in its name; Our bank is entrusted by trust companies to provide financial advice.

Information disclosure supervision: trust companies provide management reports to customers regularly; The client may entrust the supervisor to supervise the trust company.

Termination of trust liquidation: when the trust is terminated, the trust company completes liquidation and the remaining trust property is distributed to the beneficiaries.

For example:

China Baiyin Group Co., Ltd. was listed on the main board of Hong Kong Stock Exchange on February 28, 20 12.

Organizer: CCB International

Lawyer of the Company in Hong Kong: Law Firm Luo.

Controlling shareholder: Family Trust holds 45.0% of the shares after listing.

The property grantor of the trust: the spouse of the entrepreneur (a national of Saint Kitts and Nevis).

Beneficiaries of trust: entrepreneurs, their spouses and children.

Trustee: Credit Suisse Bank.

1.？ anxi guanqiao town po

Jiangxi Longtianyong Nonferrous Metals Co., Ltd. is a domestic enterprise controlled by Chen Wantian. Ms. Chen (Mr. Chen's spouse) obtained overseas status before listing, and established a series of overseas companies and a wholly foreign-owned enterprise-Zhejiang Baiyin Co., Ltd., whose pre-listing structure is shown in the following figure:

2.？ Pre-listing restructuring structure

Chen Tai-controlled Zhejiang Yin Fu acquired 0/00% equity of Jiangxi Long Tianyong/KLOC. After the acquisition, Ms. Chen set up a family trust for Mr. Chen and his family, and four personal trusts for other domestic shareholders. The family trust was established in Guernsey. The final domestic shareholders (including beneficiaries of family trust) are registered in Document No.75 [1].

The Regulations on Merger and Acquisition of Domestic Enterprises by Foreign Investors (document 10) stipulates that domestic companies or special purpose companies established by natural persons abroad need to apply to the Ministry of Commerce for approval of overseas listing before they can purchase domestic assets. It is generally difficult to pass the audit. The spouse of the founder of China Silver Group is Saint Kitts and Nevis, and the overseas company established by it does not belong to the "special purpose company" in document 10, and does not need the approval of the Ministry of Commerce.

3.？ Chen's trust structure

In the design of trust structure, corresponding arrangements are made to control the rights of the trustee to ensure the control of the family business. Mr. Chen plays the role of trust protector and power holder. The rights of power holders include the right to manage investments and assets. The trustee must follow the relevant instructions of the power holder on the investment management of trust funds, and the trust protector has the right to appoint and remove the trustee. The architecture is shown in the following figure: