离岸信托

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宗氏百亿信托纠纷案存三大争议点
财联社· 2025-08-02 12:06
Core Viewpoint - The Hong Kong High Court ruled on a lawsuit involving the Zong family, focusing on the establishment of offshore trusts valued at $2.1 billion, with ongoing legal disputes between the parties regarding the trust's setup and asset management [2][3][22]. Group 1: Court Ruling and Key Information - The court ordered that the defendant cannot withdraw or encumber assets in the HSBC account, and this order remains effective until the outcome of related lawsuits in Hangzhou [2]. - The plaintiffs, Jacky Zong, Jessie Zong, and Jerry Zong, are the children of Zong Qinghou, while Kelly Zong is his daughter from another marriage [2][3]. Group 2: Evidence and Disputes - The plaintiffs claim that three offshore trusts worth $2.1 billion have not been successfully established, and there are disagreements on how to set up these trusts [3][12]. - The plaintiffs provided evidence including handwritten documents and agreements indicating that Kelly Zong was to establish the trusts, but she has not signed the necessary documents [11][12]. Group 3: Trust Structure and Legal Opinions - Legal experts discussed the concept of a "non-principal trust," where only the interest from fixed capital is distributed to beneficiaries, not the principal itself [15][16]. - The transition from a Private Trust Company (PTC) to a professional trustee is outlined, indicating a two-step process for establishing the trusts [18][19]. Group 4: Ongoing Legal Challenges - The case highlights potential legal jurisdiction issues, as the trust establishment involves both Hong Kong and mainland Chinese laws, which may complicate the proceedings [22]. - The court's ruling is seen as an initial victory for the plaintiffs, but significant disputes remain regarding the existence and management of the trusts [22].
离岸信托是什么?家族信托为何风险频出?
Xin Lang Cai Jing· 2025-08-01 00:27
Group 1 - The recent death of Wahaha Group founder Zong Qinghou has sparked a family wealth dispute, bringing family trusts into the spotlight and raising concerns about their effectiveness as wealth preservation tools [1][10] - The concept of offshore trusts is defined as trusts established outside of mainland China, utilizing international legal differences for asset protection and tax avoidance [2][9] - Offshore trusts have gained popularity due to their ability to protect assets from estate taxes and family disputes, but they also carry hidden risks that can lead to legal challenges [9][10] Group 2 - Family trusts in China are designed for wealth protection, inheritance, and management, but there are discrepancies in how they are established compared to international standards [4][6] - Recent cases, such as the one involving Cui Yi, highlight the potential for family trusts to be "pierced" or deemed ineffective if the assets are not properly isolated or if the funding sources are questionable [10][11] - Legal experts emphasize the importance of ensuring that the sources of funds for family trusts are legitimate and that the trusts are established with clear intentions and purposes to avoid legal complications [10][11]