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The difference between trust and principal-agent
1, with different conditions. A trust must have certain trust property. A trust relationship cannot be established without legal property that can be used to set up a trust. However, the principal-agent relationship is not necessarily based on the existence of property. 2. Different names. In the trust relationship, the trustee acts in his own name, while in the general principal-agent relationship, the trustee/agent acts in the name of the principal/principal. 3. The nature of property is different. The trust property is independent of the trustee's own property and other properties of the trustor. Generally, the trustor, trustee or creditor of the beneficiary may not claim rights on the trust property. Article 8 of the Civil Code stipulates that civil subjects engaged in civil activities shall not violate the law or public order and good customs. Measures for the Administration of Trust Companies Article 16 A trust company may apply for operating some or all of the following local and foreign currency businesses: (1) Fund trust; (2) Chattel trust; (3) Real estate trust; (4) Securities trust. (five) other property or property rights trust; (six) as a promoter of investment funds or fund management companies to engage in investment fund business; (seven) operating enterprise asset restructuring, mergers and acquisitions, project financing, enterprise wealth management, financial consulting and other businesses; (eight) entrusted to operate the securities underwriting business approved by the relevant departments of the State Council; (nine) to handle intermediary, consulting, credit and other businesses; (10) Safe deposit box and safe deposit box business; (eleven) other businesses as prescribed by laws and regulations or approved by the China Banking Regulatory Commission. Seventeenth trust companies can carry out charitable trust activities in accordance with the People's Republic of China (PRC) Trust Law and other laws and regulations. Article 18 A trust company may, according to the needs of the market, set up trust business varieties according to different trust purposes, types of trust property or management methods of trust property. Article 19 A trust company may invest, sell, deposit with its peers, buy back, sell, lease or lend the trust property. According to the agreement of the trust document. Unless otherwise stipulated by the China Banking Regulatory Commission, such provisions shall prevail. A trust company shall not manage and use the trust property through sale or repurchase. Article 20 A trust company may engage in interbank deposits, loan trade, loans, leasing, investment and other businesses within its inherent business scope. Investment business is limited to equity investment of financial companies, investment in financial products and investment in self-use fixed assets. A trust company shall not make industrial investment with its inherent property, except as otherwise provided by the China Banking Regulatory Commission. Article 21 A trust company shall not engage in other liabilities except interbank borrowing, and the balance of interbank borrowing shall not exceed 20% of its net assets. Unless otherwise stipulated by the China Banking Regulatory Commission. Article 22 A trust company may conduct external guarantee business, but the balance of external guarantee shall not exceed 50% of its net assets. Twenty-third trust companies engaged in foreign exchange trust business shall abide by the relevant provisions of the state on foreign exchange management and accept the inspection and supervision of the competent foreign exchange authorities.