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信托公司管理办法时隔18年大修!涉最低注册资本、首席合规官等
Xin Lang Cai Jing· 2025-09-17 01:04
Core Viewpoint - The revised "Trust Company Management Measures" will take effect on January 1, 2026, marking the first comprehensive update since its implementation in 2007, aimed at enhancing risk prevention, transformation, and effective regulation of trust companies [1][3]. Group 1: Key Revisions - The revised measures focus on four main areas: emphasizing the core responsibilities of trust companies, strengthening corporate governance, enhancing risk prevention, and reinforcing regulatory requirements [3][4]. - Trust companies are now required to establish a Chief Compliance Officer as per regulatory guidelines, a move that aligns with earlier regulations introduced in March 2023 [6][7]. Group 2: Business Scope Adjustments - The business scope of trust companies has been adjusted to include three main categories: trust business, proprietary asset liability business, and other services [4][11]. - The trust business has been refined to consist of asset service trusts, asset management trusts, and charitable trusts, while proprietary asset liability business now allows for liquidity loans from shareholders and related parties [4][5]. Group 3: Risk Management and Compliance - Trust companies must enhance their risk management frameworks, focusing on compliance and operational risks, and are required to establish a risk reserve management mechanism [10][11]. - The measures prohibit trust companies from promising asset safety or guaranteed minimum returns, and they must ensure that investment products align with investors' risk tolerance [10][11]. Group 4: Governance and Accountability - The revised measures emphasize the importance of corporate governance, requiring independent directors to lead key committees related to audit, nomination, and remuneration [12]. - Trust companies are mandated to manage shareholder behavior and related transactions rigorously, ensuring fair market practices and preventing regulatory arbitrage [12].