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宗氏家族“信托案”管辖权为何在杭州?
Hu Xiu· 2025-08-06 06:21
Core Viewpoint - The recent court ruling in Hong Kong regarding the Zong family trust dispute reveals significant details about the offshore family trust conflicts involving the Wahaha Group and its stakeholders [1][3]. Group 1: Lawsuit Details - The plaintiffs in the lawsuit are Zong Jichang, Zong Jieli, and Zong Jisheng, children of Du Jianying, while the defendant is Zong Fuli, the only daughter of Zong Qinghou and Shi Youzhen [1]. - The Hong Kong High Court's ruling is procedural and aims to assist the ongoing substantive trust case in Hangzhou, rather than providing a final judgment on asset ownership [3][7]. - The plaintiffs submitted evidence indicating that the case was formally filed in July at the Zhejiang High People's Court [4]. Group 2: Trust Establishment and Jurisdiction - A handwritten document from Zong Qinghou indicated an intention to establish trusts for his three children, each valued at $700 million, but the trust was not formally established [2][16]. - The jurisdiction for the main case is determined to be the Hangzhou court, as per the agreement signed by the parties involved, which stipulates that disputes should be resolved there [5][6]. - The Zhejiang High People's Court accepted the case due to the significant amount involved, with the assets in question exceeding $1.799 billion [14][15]. Group 3: Trust Validity and Legal Implications - The trust intended by Zong Qinghou was not fully executed before his death, raising questions about its validity as a will trust [16][22]. - Zong Qinghou left two wills, neither of which included the plaintiffs as beneficiaries, complicating the recognition of the trust [22]. - The ongoing disputes center around the trust's asset scope, trustee authority, and establishment progress, with the Hong Kong court leaving these determinations to the mainland courts [20][21]. Group 4: Future Legal Challenges - The plaintiffs face challenges in establishing the trust, including defining trust assets, proving familial relationships, and navigating procedural hurdles [28]. - The potential for disputes over the principal and interest of the trust assets remains, with the need for further evidence and judicial clarification in the Hangzhou court [27][28].
娃哈哈离岸家族信托陷罗生门
第一财经· 2025-07-28 13:12
Core Viewpoint - The ongoing family dispute surrounding Wahaha and the $2.1 billion offshore family trust remains a focal point, with significant uncertainty regarding its establishment and legal validity as the court hearing approaches on August 1, 2025 [1]. Group 1: Trust Establishment and Validity - There is currently no evidence indicating that Zong Qinghou established a legally effective family trust in Hong Kong, as key documents such as trust agreements and asset transfer records are absent [3]. - Oral trusts can theoretically be established in Hong Kong but are rarely used due to high legal risks and insufficient evidence; written trusts are the standard, especially for real estate and family wealth [4][5]. - If Zong Qinghou's children can provide clear evidence of his intent to establish a trust, they may attempt to claim a constructive trust in court, which will be a key observation point [6]. Group 2: Testamentary Trusts vs. Living Trusts - Discussions also revolve around whether a testamentary trust could be established through a will, which requires the will to be valid and effective [9]. - A living trust, if validly established, means that assets transferred to it before the grantor's death do not belong to the estate, making any will provisions regarding those assets ineffective [10]. - The ongoing litigation in Hong Kong may be related to the inheritance case in Hangzhou, as the original plaintiff seeks asset preservation in the context of potential trust claims [10]. Group 3: Role of Jian Hao Ventures Limited - Jian Hao Ventures Limited, registered in the British Virgin Islands and linked to Zong Qinghou's daughter, may serve as a special purpose vehicle (SPV) for the family trust, although its exact relationship with the trust remains unclear [12]. - The company appears to function more as a personal asset platform rather than being controlled by a trust, raising questions about governance and accountability within the trust structure [13]. - The absence of a robust governance mechanism could lead to risks regarding the independence and transparency of the trust, which is critical in legal assessments [13]. Group 4: Legal Applicability Issues - The legal applicability of the offshore family trust is crucial, as courts in different jurisdictions may not necessarily apply the laws of the offshore location where the trust was established [16]. - If the family trust exists, it may be structured as a Foreign Grantor Trust (FGT), which allows the grantor to retain significant control over the trust assets, complicating legal interpretations [16]. - The classification of trusts under U.S. tax law may not hold the same significance in other jurisdictions, emphasizing the need for clarity in legal frameworks across different regions [16].