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《信托公司管理办法》新版发布!
Zheng Quan Shi Bao Wang·2025-09-12 13:22

Core Viewpoint - The revised "Trust Company Management Measures" aims to enhance the regulation and risk management of the trust industry, effective from January 1, 2026, addressing the evolving needs of the sector after 18 years since the last revision [1][2]. Summary by Relevant Sections General Overview - The new measures consist of 8 chapters and 75 articles, focusing on the establishment and changes of institutions, corporate governance, internal control, risk management, business scope, supervision, risk disposal, and market exit [2]. Key Revisions - The revisions focus on four main areas: 1. Emphasizing the core responsibilities of trust companies and adjusting their business scope to include asset service trusts, asset management trusts, and charitable trusts, while breaking the rigid repayment model [3]. 2. Strengthening corporate governance by integrating party building with governance, enhancing shareholder behavior management, and promoting the maximization of beneficiaries' legitimate interests [3]. 3. Enhancing risk prevention measures and standardizing key business processes, with a focus on compliance and operational risk management [3]. 4. Clarifying regulatory requirements and risk disposal mechanisms, including increasing the minimum registered capital for trust companies and enhancing capital and provision management [3]. Adjustments to Business Scope - The revised measures reduce the business scope from five to three main categories: 1. Trust business, now limited to asset service trusts, asset management trusts, and charitable trusts [4]. 2. Proprietary asset liability business, allowing liquidity loans from shareholders and related parties, and clarifying support from the trust industry guarantee fund [4]. 3. Other business, which includes providing advisory and custodial services for financial institutions and asset management products [4]. Removal of Non-Core Activities - The revised measures eliminate four non-core activities that conflict with the main business of trust companies, such as investment fund management and consulting services [5]. Governance and Compliance - Detailed regulations on corporate governance are included, emphasizing shareholder behavior management, related party transaction management, and the establishment of a trust culture focused on integrity and compliance [6]. Transition and Compliance - Trust companies are required to identify and rectify existing business practices that do not comply with the new measures, with a structured plan for compliance and reduction of non-compliant business scales [6][7]. Implementation Timeline - The new measures will take effect on January 1, 2026, and the previous regulations will be abolished simultaneously, requiring all new business activities to align with the revised measures [7].