Business Culture
Economic Data
Import & Export
Industry Reviews
Investment in China
Stock Markets
Taxation
   
 Web  Chinadetail
- P.R. China Business Laws and Regulations
- China Stock Market Handbook
- China Statistical Yearbook
- China Import Export Tariff
- China Energy Statistical Yearbook
- Almanac of China's Finance and Banking
- PowerWord (Translation Software)
- Portable Card Scanners and document scanner
 
 
 
 
 
 
Modification in and Termination of a Trust

Article 50 Where the settler is the only beneficiary, he or his successor may revoke the trust. Where it is otherwise provided for in the trust documents, the provisions there shall prevail.

Article 51 After a trust is created, the settler may replace the beneficiary or dispose of his right to benefit from the trust under one of the following circumstances:

(1) the beneficiary commits a major tort against the settler;
(2) the beneficiary commits a major tort against the other co-beneficiaries;
(3) the change or disposition wins the consent of the beneficiary; and
(4) other circumstances stipulated in the trust documents.

Under one of the circumstances listed in subparagraphs (1), (3) and (4) in the preceding paragraph, the settler may revoke the trust.

Article 52 A trust will not be terminated due to the facts that the settler or trustee dies, loses his capacity for civil conduct, the trusteeship is dissolved or canceled according to law or he is declared bankrupt, neither will it be terminated due to the fact that the trustee resigns, except it is otherwise stipulated in this Law or the trust documents.

Article 53 Under one the following circumstances, a trust shall be terminated:

(1) the cause for its termination specified in the trust documents arises;
(2) the continuance of the trust goes against the purposes of the trust;
(3) the purposes of the trust have been realized or cannot be realized;
(4) the parties concerned, through consultation to terminate it;
(5) the trust is cancelled;
(6) the trust is revoked.

Article 54 Where a trust is terminated, the trust property shall be owned by the person specified in the trust documents; where there are no such specifications in the documents, the following order of precedence shall be applied for determining the ownership:

(1) the beneficiary or his successor; and
(2) the settler or his successor.

Article 55 After the ownership of the trust property is determined according to the provisions in the preceding Article, the trust shall be deemed subsisting while the trust assets are being transferred to the owner, and the owner shall be deemed the beneficiary.

Article 56 Where a trust is determined, the People's Court takes compulsory measures with regard to the original trust property according to the provisions of Article 17 of this Law, the owner shall be deemed the person against whom the measures are taken.

Article 57 When, after a trust is terminated, the trustee, in accordance with the provisions of this Law, exercises the right to request for remuneration or to obtain compensation from the trust property, he may have a lien on the property or raise the request to the owner of the property.

Article 58 Where a trust is terminated, the trustee shall make a liquidation report on the trust business handled. Where the beneficiary or the owner of the property has objections to the report, the trustee shall be exempted from the liability for issues listed in the report, except for the illegitimate acts committed by him.

 
 
 
   
 
 
Links | Contact us | Advertisement | Tell a friend | JShop | Site Map Copyright (c) 2005-2011 www.ChinaDetail.com, All rights reserved.