Core Viewpoint - The establishment of family trusts by actual controllers of A-share listed companies faces significant challenges, including high tax burdens, transfer issues, and potential changes in control. However, with careful structural design, these trusts can achieve asset isolation and wealth succession, representing a complex "operating system" for family wealth management [2][3]. Group 1: Challenges in Wealth Succession - The lack of effective wealth succession planning can lead to four major potential harms for listed companies, including negative impacts on stock prices and investor confidence due to unstable control [4][5]. - Family disputes arising from succession failures can severely affect company operations and management, often leading to litigation and potential business dissolution [5][6]. - Risks associated with marriage and asset isolation are critical concerns, especially for the next generation, as marital disputes can threaten family business control [6][8]. Group 2: Successful Family Trust Case Study - The case of Puyang Huicheng illustrates a successful family trust structure that maintains control over the listed company while ensuring wealth transmission and isolation from personal liabilities [12][14]. - The trust structure involves a layered approach with a family trust at the top, followed by a limited partnership, and a holding company, effectively separating control and economic benefits [12][13]. - This design allows the actual controllers to retain decision-making power while transferring significant economic interests to the trust, thus complying with regulatory requirements and avoiding triggering a change in actual control [14][15]. Group 3: Regulatory and Structural Obstacles - Establishing family trusts for listed companies faces six major regulatory challenges, including compliance with securities laws and the need for clear ownership structures during IPOs [15][17]. - Tax planning is crucial in determining the most efficient structure for trust establishment and share injection, aiming to minimize tax burdens while adhering to regulatory frameworks [18]. - The differences in regulatory requirements between A-share and New Third Board companies necessitate tailored approaches for each case, emphasizing the importance of individual analysis [18][19]. Group 4: Advantages and Limitations of Family Trusts - Family trusts offer four key advantages: they provide mechanisms to address unexpected risks, isolate assets from external disputes, facilitate smooth transitions to the next generation, and enable tax-efficient wealth transfer [21][22]. - However, the establishment of a family trust is only the beginning of the succession process, and additional governance and management structures are necessary to ensure long-term stability and effectiveness [22][25]. - The successful management of family wealth requires addressing numerous governance issues, including decision-making processes, succession planning, and conflict resolution among family members [26][28]. Group 5: Conclusion and Future Directions - The establishment of trust structures is a complex endeavor that requires a deep understanding of legal, financial, and family governance dynamics [28][29]. - The real challenge lies in translating legal frameworks into effective governance mechanisms that align family interests with professional management needs [29].

Core Viewpoint - The establishment of family trusts by private entrepreneurs is becoming a crucial method for wealth transfer and management of equity stakes in their companies, as evidenced by recent actions taken by 361 Degrees International Limited and other well-known brands [1][2]. Group 1: Importance of Family Trusts - Family trusts provide various solutions for entrepreneurs, including legal asset protection, orderly succession, centralized equity management, risk isolation, and the transmission of entrepreneurial spirit [2]. - The application of family trusts for equity holding and succession is more common abroad, with notable examples including JD.com and Xiaomi, where founders utilize offshore trust structures to manage their stakes [2]. Group 2: Current State of Domestic Family Trusts - The domestic family trust market is underdeveloped, with a total scale of less than 10 billion yuan, representing only 0.34% of the family trust market, which has an asset management scale of 435.72 billion yuan [3]. - Concerns regarding the safety of equity in family trusts arise from the lack of a property registration system for trust assets in China, leading to uncertainty among entrepreneurs [3]. Group 3: Recent Developments - Recent regulatory changes, including the issuance of a notification by the National Financial Regulatory Administration and the Beijing Market Supervision Administration, aim to enhance the public effectiveness of equity as trust property, promoting the application of equity trusts in private enterprise succession [4][5]. - The successful implementation of equity trust property registration marks a significant milestone for the trust industry, providing clearer legal foundations and operational norms for trust companies [6]. Group 4: Future Prospects - The future development of family equity trusts in China requires clarification of the legal nature of trust property and the transfer of ownership, as well as the establishment of effective registration methods [6].