信托财产合法性

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震惊业内!4143万巨额家族信托被“击穿”?专家:重大误读
21世纪经济报道· 2025-07-09 13:00
Core Viewpoint - The recent court ruling regarding the seizure of a family trust fund has sparked significant debate in the financial industry, with many interpreting it as a breach of the asset protection function of family trusts. However, experts argue that this interpretation is a misunderstanding of the case's details and legal logic [1][10]. Case Background - The controversy originated from a criminal judgment involving the defendant Cui, who was sentenced to fourteen years in prison for bribery and fraud, and ordered to repay over 70 million yuan. The court seized over 5 million yuan from Cui's bank accounts and directly deducted over 40 million yuan from a family trust fund [2][3][4]. Legal and Industry Analysis - Experts emphasize that the family trust fund in question may not represent a standard family trust managed by a licensed trust company, but rather a private fund lacking risk isolation features. This has led to the term "pseudo family trust" being used to describe such arrangements [5][6][11]. - The legal validity of a trust is contingent upon the legality of the source of its assets and its intended purpose. The court's actions were based on the illegality of the assets involved, not a rejection of the trust structure itself [12][14]. Practical Implications - The court's decision to directly seize trust assets without formally declaring the trust invalid has raised concerns about the execution process. Experts argue that proper legal procedures should be followed to protect the rights of trust settlors [16][18]. - The incident has prompted a reevaluation of family trusts' asset protection capabilities, highlighting the need for compliance and legal legitimacy in establishing such trusts [19][21]. Market Reactions - The event has caused temporary anxiety among high-net-worth clients, but many have come to understand that trusts are meant to protect legitimate assets, not illegal gains. This has led to a greater emphasis on due diligence in asset verification by trust companies [20][21]. - Industry professionals express concerns about the challenges of distinguishing between legal and illegal assets, especially in complex cases where funds may be mixed [22][23].