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为金融机构贯彻落实公司法提供遵循
Jin Rong Shi Bao· 2025-08-08 08:01
Group 1 - The core viewpoint of the news is the modification of regulations by the Financial Regulatory Bureau to align financial institutions' governance with company law, specifically regarding the roles of supervisory boards and audit committees [1][2] - The decision allows financial institutions to choose between maintaining a supervisory board or having an audit committee perform its functions, which is expected to enhance corporate governance and internal oversight efficiency [1] - The modifications specifically pertain to trust companies, while similar regulations for commercial banks and insurance companies were addressed in a previous notification issued in December [1] Group 2 - The revised regulations require that all related party transactions involving directors, supervisors, and senior management must be approved by the board of directors or shareholders' meeting, in line with the latest company law requirements [2] - For routine financial products or services provided by financial institutions, if the transaction amounts do not reach the threshold for significant related party transactions, the approval process can be simplified [2] - The decision clarifies that certain transactions involving directors and senior management can continue to be exempt from individual review if they meet specific criteria, such as not constituting significant related party transactions [3] Group 3 - Financial institutions are advised to manage relationships that may lead to conflicts of interest, especially when directors or senior management hold positions in other entities [4] - Institutions opting to have an audit committee instead of a supervisory board must follow proper governance procedures, including amending their articles of association and selecting personnel accordingly [4] - The implementation of new approval requirements for related party transactions necessitates that financial institutions revise internal policies and optimize business processes to strengthen related party transaction management [4]
信托能否成为预付费管理“放心之选”
Jin Rong Shi Bao· 2025-08-08 07:52
Core Viewpoint - The "Prepaid Treasure" project in Jinan, Shandong, aims to enhance consumer trust in prepaid consumption while addressing the rising disputes related to prepaid services [1][2]. Group 1: Prepaid Consumption and Consumer Rights - Prepaid consumption is gaining popularity in sectors like dining, education, and beauty, but it has also led to increased consumer complaints regarding disputes [1]. - Ensuring consumer rights and building trust in prepaid spending is a key focus for stakeholders involved in the project [1]. Group 2: Role of Trust Companies - Trust companies are playing a significant role in managing prepaid funds through a trust model, which isolates consumer funds from merchants, ensuring safety and risk management [2][3]. - The trust model allows consumer funds to be held in a separate account, with disbursements made only for actual consumption, protecting consumers in case of merchant insolvency [2][3]. Group 3: Industry Growth and Challenges - Over 15 trust companies have entered the prepaid fund management space, with a growing management scale noted [3]. - The trust model is recognized as a core business encouraged by regulators, with its unique advantages over traditional banking methods [4]. Group 4: Operational Challenges for Trust Companies - Trust companies face challenges such as a lack of understanding from merchants and consumers regarding the trust model compared to traditional banking [5][6]. - Technical barriers exist, requiring significant investment in information technology to manage large volumes of transactions effectively [6]. Group 5: Profitability and Regulatory Environment - The profitability of prepaid fund management through trusts is still being explored, with a need for regulatory support to standardize practices and reduce operational costs [7]. - There is a call for a unified regulatory framework to streamline the management of prepaid funds across different regions [9]. Group 6: Innovative Management Models - Various regions are experimenting with different management models for prepaid funds, including bank custodianship and insurance guarantees, alongside the trust model [8]. - The development of digital currency and smart contracts is also being explored as innovative solutions for managing prepaid funds [8].
服务民营企业 信托业当何为?
Jin Rong Shi Bao· 2025-08-08 07:52
在金融机构加大对民营企业支持的当下,信托公司如何服务民营企业?接受《金融时报》记者采访 的业内专家表示,在高质量发展阶段,虽然宏观环境仍然面临不确定性,但也给信托业未来发展带来新 机遇。 主动服务科技领域 邢成表示,风险处置服务信托是信托公司转型业务之一,能够助力相关企业厘清治理结构,稳定企 业的正常化经营,为企业走出经营困境、债权人实现债务有序清偿奠定良好基础。 深圳某半导体公司在科创板上市,通过信托公司在资本市场的丰富经验和紧密合作,顺利完成了该 企业核心员工的战略配售业务。《中国信托业发展报告(2024)》显示,2023年以来,包括华润信托、 中航信托、陕国投信托、外贸信托等在内的超40家信托公司作为有限合伙人参与股权投资,出资总额超 过320亿元。 精准用好信托工具 在信托行业新"三分类"中,资产服务信托为一个大类,包括财富管理和风险处置服务信托等,分别 对应多个不同业务品种和服务。此外,信托公司可以借助公益慈善信托,为民营企业实现社会责任提供 信托工具。 "民营企业家面临多重挑战,尤其是从'创一代'到'创二代'的传承阶段,家庭财产权益保障、财富传 承以及企业传承变得尤为重要。研究和解决这些问题不仅有 ...
信托公司发挥专业优势 助力民营企业长足发展
Jin Rong Shi Bao· 2025-08-08 07:52
要说春节期间什么最火爆,非《哪吒2》与DeepSeek莫属。 直到现在,《哪吒2》的票房仍在持续攀升,而DeepSeek的算力效率也在不断优化,这便是民企的 力量。当前,民营企业在新能源、人工智能等领域大显身手,呈现出新的特点。 据了解,我国民营企业中有九成以上为中小企业。今年以来,从国家到地方,从宏观政策、金融支 持到产业扶持,一系列利好举措密集落地,为中小企业高质量发展插上腾飞的翅膀。2月17日,民营企 业座谈会召开,体现了党中央对民营经济的高度重视,给民营企业带来了更大信心和动力。 民营经济是国民经济的重要组成部分,在推动经济高质量发展、促进创新、稳定就业和改善民生中 发挥着重要作用。但在实践中,民营企业在经营发展中仍面临一些困难,比如融资难等。这些问题,可 以用信托的方式解决吗? 加大创新解决民营企业难题 华润信托相关负责人表示,过去,中小民营企业通常通过股东个人担保、物业抵押等方式获得授信 支持。现在通过担保品服务信托,可以为企业获得授信提供助力,帮助企业快速回笼资金,投入到产能 的扩大及创新研发之中。 当下,信托公司在服务民营企业的过程中,通过创新金融工具、开展多元化合作等方式,为民营企 业提供了 ...
信托业多维发力 支持民营企业
Jin Rong Shi Bao· 2025-08-08 07:52
Core Viewpoint - The private economy is essential for China's development, contributing significantly to tax revenue, GDP, technological innovation, employment, and the number of enterprises [1] Group 1: Current State of the Private Economy - The private economy contributes over 50% of tax revenue, over 60% of GDP, over 70% of technological innovations, over 80% of urban employment, and over 90% of the total number of enterprises in China [1] - The trust industry has unique advantages in supporting the development of private enterprises, with significant potential for financial support [1] Group 2: Achievements and Challenges in the Trust Industry - In 2023, the trust industry supported over 10,486 projects for small and micro enterprises, providing financing exceeding 870.5 billion yuan, with a year-on-year increase of 2.667 billion yuan, representing a 44.67% growth [1] - Despite achievements, challenges remain, including difficulties for small and medium-sized private enterprises in accessing trust funds, a need for enhanced innovation in trust services, and the necessity for improved risk management [2] Group 3: Recommendations for Trust Companies - Trust companies should innovate business models to better serve private enterprises, such as exploring new financing channels and collaborating with banks for equity and debt financing [3] - Strengthening risk management through the establishment of a robust risk prevention system using big data technology to monitor and analyze operational data of private enterprises [3] - Building a professional talent team to enhance service capabilities, focusing on training employees with a deep understanding of private enterprise needs and attracting external talent with innovative thinking [4]
做好不动产信托财产登记 维护当事人合法权益
Jin Rong Shi Bao· 2025-08-08 07:52
Core Viewpoint - The implementation of real estate trust property registration in Beijing marks a significant step towards establishing a formal registration system for trust assets, addressing a long-standing gap in the trust industry and enhancing the protection of stakeholders' rights [1][2]. Group 1: Impact on the Trust Industry - The absence of a trust property registration system has been a critical factor hindering the development of the trust industry for over 20 years [2]. - The new pilot program for real estate trust property registration is expected to facilitate the establishment of a formal registration system, which is crucial for the growth of service trusts and charitable trusts [2][3]. - The demand for real estate trusts is increasing due to growing needs for wealth inheritance and charitable activities among families, but the lack of a registration system has led to unclear ownership and boundaries between trust assets and the trustee's personal assets [2][3]. Group 2: Benefits of Real Estate Trust Property Registration - The implementation of real estate trust property registration will clarify the ownership of trust assets, reduce the risk of asset encroachment, and ensure asset security [3]. - It will enhance transparency of trust product information, enabling regulatory bodies to supervise the trust industry more effectively and standardize the operations of trust companies [3]. - The registration system will support the development and innovation of family trusts and charitable trusts, improving the stability and security of trust operations [3][4]. Group 3: Necessity of Registration for Charitable Trusts - Public trust in charitable trusts is heavily influenced by the ownership status of real estate, making registration essential for transparency regarding property rights and usage [4]. - Only registered real estate can have its ownership transfer legally recognized, providing a clear basis for trustees during the operation and disposal of real estate within charitable trusts [4]. Group 4: Family Trusts and Real Estate Registration - High-net-worth individuals have a strong demand for real estate trust property registration to facilitate the inclusion of real estate in family trusts, addressing issues related to debt risk isolation, inheritance arrangements, and marital property rights [5]. - The lack of clear registration guidelines can create compliance challenges for trust companies, as they seek to balance business expansion with legal risks associated with unclear registration processes [5][6].
完善信托财产登记制度 深化试点探索
Jin Rong Shi Bao· 2025-08-08 07:52
Core Viewpoint - The establishment of a real estate trust property registration pilot program in Beijing aims to streamline the registration process and enhance the efficiency of trust operations, contributing to the high-quality development of the trust industry [1][2][3] Group 1: Real Estate Trust Registration - The China Trust Registration Co., Ltd. (中信登) has begun providing registration services for real estate trusts in Beijing, following the guidelines set forth in the recent notification from regulatory authorities [1] - Real estate trusts involve the transfer of property from the trustor to a trust institution, which manages and utilizes the property according to the trustor's wishes [1] Group 2: Significance of the Registration System - The trust property registration system is expected to facilitate the establishment of a non-transactional transfer system, simplifying the transfer process and reducing transaction costs [2] - The registration process requires trust institutions to pre-register trust products and obtain registration certificates from the trust registration company before applying for property registration [2] Group 3: Future Developments - The China Trust Registration Co., Ltd. plans to actively cooperate with regulatory authorities to improve the trust property registration system and support the high-quality development of the trust industry [3]
专业是信托业的立身之本
Jin Rong Shi Bao· 2025-08-08 07:52
Core Viewpoint - The recent public consultation on the revised "Trust Company Management Measures" is significant as it marks the first revision in 18 years and addresses a market worth 27 trillion yuan, impacting the future development of the trust industry and the public [1] Group 1: Industry Challenges and Regulatory Response - The trust industry has faced risks such as fund pool operations and channel business risks, leading to the need for regulatory intervention to guide the industry towards standardized development [1] - The introduction of a series of policies aims to facilitate the transformation of trust companies as a necessary path for survival in the current regulatory environment [1] Group 2: Service Focus and Social Value - The current focus of the trust industry is on service, with service trust scales accounting for approximately half of the market, highlighting the diverse applications of trust services for various social needs [2] - Examples of innovative trust services include special needs trusts for vulnerable populations, prepaid fund service trusts, property management service trusts, and the first administrative management service trust for water rights in Shanghai [2] Group 3: Regulatory Framework and Future Directions - The revised measures emphasize the "trustee positioning" and include prohibitive lists to reshape business boundaries, addressing key pain points in the industry's transformation [4] - Key prohibitions include the end of rigid repayment, a ban on channel business without substantial services, and the establishment of a firewall against related party transactions to enhance trustee responsibilities [4] - The revision introduces internal governance principles aimed at maximizing beneficiaries' legal interests and fostering a culture of trust, which is expected to accelerate self-reform within trust companies [4] Group 4: Future Outlook - The implementation of the revised measures is anticipated to make trustee capability a benchmark for the industry, with many trust companies already working on their growth trajectories [5] - The future development of the trust industry is expected to focus on depth of professional expertise rather than the speed of scale expansion, indicating a promising outlook for the sector [5]
北京不动产服务信托登记取得新突破 将房产纳入信托框架
Jin Rong Shi Bao· 2025-08-08 07:52
Core Viewpoint - The introduction of real estate trust registration policies in Beijing aims to enhance the management and transfer of real estate assets through trust mechanisms, addressing the needs of families for asset protection and intergenerational wealth transfer [2][5][6]. Group 1: Policy Development - Beijing is set to pilot a real estate trust registration policy by the end of 2024, with the first real estate service trust successfully established recently [2][5]. - The State Council has approved the exploration of a trust property registration mechanism, which includes real estate and equity, providing a significant basis for the development of trust property registration in Beijing [3]. - The Shanghai municipal government has also initiated the establishment of a trust property registration mechanism, marking a broader trend in major cities [3][4]. Group 2: Industry Impact - The lack of a trust property registration system has previously hindered the effectiveness of real estate trusts, complicating operations and increasing costs [5][7]. - The new registration policy is expected to enhance the independence of trust properties, clarifying ownership and protecting the rights of trust parties [7][8]. - The introduction of the registration system is seen as a "golden key" that will facilitate the growth of pension trusts and make them accessible to more families [7]. Group 3: Challenges and Recommendations - Despite the progress, challenges remain, particularly regarding the legal framework and tax implications associated with trust property registration [8][9]. - Recommendations include improving the legal framework for trust property registration and addressing issues related to double taxation during the establishment and transfer of trust properties [8][9]. - Experts emphasize the need for the trust industry to actively respond to these challenges and work towards legislative improvements [9].
《信托公司管理办法》迎来修订
Jin Rong Shi Bao· 2025-08-08 07:52
规模达27万亿元的信托行业即将迎来新的管理办法。 近日,国家金融监督管理总局发布《信托公司管理办法(修订征求意见稿)》(以下简称《办 法》),对2007年实施的《信托公司管理办法》进行了全面修订和完善。 接受《金融时报》采访的业内人士认为,作为一项规范信托公司功能定位和经营管理的基础性制 度,《办法》的核心是促改革、防风险。根据信托行业目前的业务实践,进一步明确业务结构,取消与 信托本源无关的业务。此外,通过内外联动,强化风险防控。 对行业发展意义重大 "《办法》可谓行业发展的制度基石。此次修订,其核心意义在于破解信托行业长期积累的结构性 矛盾,推动行业从规模扩张转向高质量发展。此外,有助于风险防控升级,完善长效监管机制,构建全 流程管理体系。"本报专家组成员、清华大学法学院金融与法律研究中心研究员邢成分析认为。 "《办法》修订符合市场预期。今年1月,《关于加强监管防范风险推动信托业高质量发展的若干意 见》(以下简称《意见》)出台。《办法》作为'1+N'顶层设计的重要组成部分,进一步对信托公司主 责主业予以明确。至此,在信托法和公司法等上位法的明确支持下,信托公司以营业为目的的市场主体 地位得到了充分尊重。" ...