To carry out trust business, the following conditions shall be met:
1. It has articles of association that comply with the Company Law of People's Republic of China (PRC) and the provisions of the People's Bank of China.
Two, there are shareholders with the qualifications stipulated by the people's Bank of China.
3. Having the minimum registered capital stipulated by the trust and investment management company (not less than RMB 300 million, and not less than USD 65.438+0.5 million for foreign exchange business).
Four, in line with the provisions of the people's Bank of China, senior management personnel and trust practitioners to adapt to their business.
5. It has a sound organizational structure, operating rules for trust business and risk control system.
6. Having business premises, safety precautions and other business-related facilities that meet the requirements.
Seven, other conditions stipulated by the people's Bank of China.
When a trust is concluded, the procedure that constitutes a legal act is a trust act. Trust behavior refers to the contract or agreement signed between the principal and the trustee. In addition, making a will by the client is also a legal act and a trust act. According to different trust purposes, different contracts need to be signed, but for businesses that belong to the same category and have a large amount of transactions, such as trust deposits, it is not necessary to sign contracts one by one, only the trust department needs to issue a uniformly printed trust deposit certificate with written terms and similar contracts to the client.
Trust property refers to the property that the trustor transfers to the trustee through trust behavior. Trust property includes tangible property, such as stocks, bonds, goods, land, houses and bank deposits; Intangible property, such as insurance policies, patents and trademarks, reputation, etc. There are even some natural rights (such as a will made before death, which creates a natural right for the beneficiary).
Trust responsibility means that the trustee has the responsibility to the principal/beneficiary to manage the property in strict accordance with the wishes of the principal (not his own wishes). The fiduciary responsibility means that when the trust relationship is established, the trustee shall bear the fiduciary responsibility, and shall not make his own interests conflict with his responsibilities, and shall not seek benefits as a trustee or obtain benefits from it unless the client agrees.