不动产信托财产登记制度

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不动产信托通州案例:普惠金融与养老金融的创新实践与思考 | 财富与资管
清华金融评论· 2025-06-28 14:36
Core Viewpoint - The article discusses the lack of a real estate trust property registration system in China's trust industry, which has long hindered its development. The case of the first residential real estate trust property registration in Tongzhou District serves as an innovative example to address this institutional barrier and explores the unique value of real estate trusts in inclusive finance and elder care finance [2][4]. Group 1: Industry Pain Points - The trust industry in China faces significant challenges due to the absence of a real estate trust property registration system, which severely restricts the development of real estate trust business. As of the end of 2024, the total entrusted property scale of 68 trust companies reached 27 trillion yuan, but the number of real estate trusts is minimal [4]. - Key institutional barriers include unclear legal definitions of property ownership, cumbersome property transfer processes, and excessive tax burdens. The confusion over property rights threatens beneficiary rights and leads to legal disputes [4][6]. - The traditional model requires clients to inject cash into the trust plan before purchasing property, which imposes additional financial burdens and operational delays on ordinary families [4][6]. Group 2: Policy Breakthroughs - On November 18, 2023, the State Council included the establishment of a real estate trust property registration mechanism in its plan to expand financial services, providing top-level policy support for the pilot project in Beijing [7]. - The Beijing Municipal People's Congress passed a revised regulation on November 29, 2024, which explicitly states the exploration of a registration mechanism for real estate and equity as trust property, thus ensuring legislative support for institutional innovation [7]. - A three-tiered institutional framework has been established, consisting of top-level design, local legislation, and implementation details, marking the official start of the real estate trust property registration pilot [7]. Group 3: Practical Breakthroughs - On April 2, 2025, Guotou Taikang Trust completed the first residential real estate trust property registration in Tongzhou District, where the trust was established to provide lifelong care for a beneficiary with autism [8]. - The "Tongzhou Case" achieved three major breakthroughs: the establishment of a legal confirmation mechanism for property registration, simplification of the property transfer process, and the creation of a lifelong care mechanism for the beneficiary [8][9]. - The legal confirmation mechanism ensures that the property is clearly marked as "trust property," which helps to mitigate risks associated with property mixing and serves as a core basis for judicial proceedings in property disputes [8].