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Trust Property of Trust Law of the People's Republic of China (April 28, 2001)

Article 14 The property obtained by the trustee due to a trust accepted is trust property.

The property obtained by the trustee through administering, using or disposing of the trust property or by other means falls within trust assets.

No property the circulation of which is prohibited by laws and administrative regulations may be deemed trust property.

The property the circulation of which is restricted by laws and administrative regulations may be deemed trust property upon approval given, in accordance with law, by the competent department concerned.

Article 15 The trust shall be differentiated from other property that is not put under trust by the settler. Where, after a trust is created, the settler dies or is dissolved or cancelled according to law, or is declared bankrupt, and the settler is the sole beneficiary, the trust shall be terminated, and the trust property shall be his legacy liquidation property; where the settler is not the sole beneficiary, the trust shall subsist, and the trust property shall not be his legacy or liquidation property; but if the settler is one of the co-beneficiaries and dies or is dissolved, or cancelled according to law, or is declared bankrupt, his right to benefit from the trust shall be deemed his legacy or liquidation property.

Article 16 The trust property shall be segregated from the property owned by the trustee (hereinafter referred to as his "own property", in short), and may not included in, or made part of his own property of the trustee.

Where the trustee dies or the trustee as a body corporate is dissolved, removed or is declared bankrupt according to the law, and the trusteeship is thus terminated, the trust property shall not be deemed his legacy or liquidation property.

Article 17 No compulsory measures may be taken against the trust property unless one of the following circumstances arises:

  1. where, before the creation of the trust, the creditors enjoyed the priority right to be paid with the trust property and may exercise this right according to law;
  2. where the creditors demand repayment of the debts incurred by the trustee in the course of handling trust business;
  3. where taxes are levied on the trust property itself; and
  4. other circumstances prescribed by law.

Where compulsory measures are taken against the trust property in violation of the provisions in the preceding paragraph, the settler, trustee and beneficiary shall have the right to raise their objections to the People's Court.

Article 18 The claims arising from the administration or disposition of trust assets by the trustee may not be used to offset the liabilities incurred by the trustee's own property.

The claims arising from the administration and disposition of the trust assets of different settlers may not be used to offset the liabilities incurred by the trustee likewise.

 
 
 
   
 
 
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