股权信托登记制度
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我国股权信托登记制度的现实困境与完善路径|财富与资管
清华金融评论· 2025-10-18 10:24
Core Viewpoint - The improvement of the equity trust registration system is essential for the healthy operation of the trust system and serves as a key institutional guarantee for the transformation of China's trust industry from a "scale-driven" model to a "function-driven" model [2][4]. Group 1: Importance of Equity Trust Registration - The equity trust registration system is crucial for activating existing trust assets and ensuring the independent nature of trust property, which is vital for functions such as bankruptcy isolation and wealth management [4][6]. - The current legislative framework lacks specific provisions regarding equity trust registration, leading to challenges in practical implementation and the effective realization of trust property independence [6][9]. Group 2: Challenges Faced by the Current System - The term "equity trust" lacks a clear legal definition within existing laws, which complicates its application and understanding in practice [8]. - The existing equity registration system is characterized by institutional fragmentation, leading to incomplete information and delays in updates, which hampers the accurate reflection of actual ownership and changes in equity [9][10]. - The absence of a robust trust registration mechanism has resulted in increased operational risks for trust companies, as they often bear responsibilities that should be limited to trust property [10][13]. Group 3: Proposed Solutions and Innovations - A dual registration model, similar to that used in Taiwan, is suggested, which involves both property transfer registration and trust registration to clarify the nature of trust property and the legal relationships involved [14]. - Recent pilot projects in Beijing and Hangzhou aim to establish a more coordinated and transparent registration process for equity trust property, enhancing the independence and stability of trust assets [14][15]. - The pilot programs have specific eligibility criteria, focusing on limited liability company equity in Beijing and a broader range of assets in Hangzhou, including charitable trusts [15][16].