Group 1: Trust Establishment and Legal Validity - The establishment of the family trust related to the Wahaha founder, Zong Qinghou, remains uncertain, with no evidence of a legally effective formal family trust in Hong Kong as of now [2][3] - Oral trusts can theoretically be established in Hong Kong but are rarely used due to high legal risks and insufficient evidence, making written trusts the standard form, especially for real estate and family wealth [2][3] - The possibility of a "constructive trust" or "resulting trust" being recognized by the court depends on the clarity of intent, identifiable trust property, and definable beneficiaries [3][4] Group 2: Types of Trusts - A living trust must be established while the trustor is alive, whereas a testamentary trust is created based on the will after the trustor's death, with the latter being more complex due to the need for a valid will [6] - If a living trust is validly established, its assets are not considered part of the estate, meaning any provisions in a will regarding those assets would be ineffective [6] Group 3: Role of Jian Hao Ventures Limited - Jian Hao Ventures Limited, registered in the British Virgin Islands, is speculated to be a special purpose vehicle (SPV) related to the family trust, with Zong Qinghou's daughter, Zong Fuli, as a director [8] - The company appears to function more as a personal asset platform rather than being controlled by a trust, raising questions about its governance and the potential risks of power imbalance [8][9] Group 4: Legal Jurisdiction and Implications - The legal applicability of the offshore family trust is crucial, especially since the involved parties are from different jurisdictions, including Hong Kong and the United States [11] - Trusts established in offshore regions may not be protected if disputes arise in other jurisdictions, as courts may apply local laws instead of offshore laws [11]
娃哈哈离岸家族信托陷罗生门，信托是否存在及有效要看哪些因素？
Di Yi Cai Jing·2025-07-28 11:06