Power fund trust contract

Contract number: ________________

Client: Trustee: _______ City __________ Legal representative of trust investment limited liability company: Legal representative:
Natural person identification file and number: domicile:
Place of residence: Postal code:
Postal code: Contact number:
Contact number: Fax:
fax:
According to the "Trust Law of the People's Republic of China", "Administrative Measures for Trust and Investment Companies", "Interim Measures for the Administration of Trust and Investment Companies' Fund Trust Business", "Contract Law of the People's Republic of China" and other relevant laws, regulations and rules, trustees and trustees On the basis of the principle of equality, voluntariness, fairness and mutual benefit, the "_______ Power Fund Trust Deed" was signed.
Article 1 Interpretation In the contract, unless the context otherwise explains or the context otherwise indicates, the following words have the following meanings:
1. This contract refers to the "_______ Power Fund Trust Deed" and any amendments and additions to the contract.
2. Trust: Refers to the _______ Power Fund Trust established under this contract.
3. Trust party: refers to the principal, trustee and beneficiary who are bound by the trust relationship and who enjoy the rights and assume obligations under the trust contract.
4. Designated management fund trust: refers to the trust established by the principal to deliver funds to the trustee. The trustor clearly specifies the use method, application project and application period of the trust property in the trust file. The trustee manages and uses the trust file according to the trust file. And dispose of the trust property.
5. Trust Plan: Refers to the _______ Power Fund Trust Plan formulated by the Trustee.
6. Trust funds: refers to the funds that the principal delivers to the trustee in accordance with the amount specified in Article 5 of this contract.
7. Trust plan funds: refers to the sum of trust funds under the trust plan.
8. Trust loan: refers to the trustee's trust loan to _______ City Power Development Corporation.
9. Trust file: refers to this contract, trust plan and trust property management, and application of risk statement.
10. Working day: refers to the normal business day of financial institutions as prescribed by the State Council of the People's Republic of China.
The trustee of the second purpose of trust is to apply the trust fund to the trustee based on the trust and trust of the trustee and deliver the trust fund to the trustee's operation and management, and apply it to the _______ city power development in the form of trust loan. The company's financing project.
Article 3 Trust Category The Trust is a designated management fund trust.
Article 4 Beneficiary The Trust is a self-interest trust, and the principal and the beneficiary are the same person.
Article 5 The amount of trust funds and the amount of trust funds under this contract shall be RMB _______ million.
If the principal is a natural person, the trust fund shall be delivered at the trustee's place of business and the contract shall be signed.
If the principal is an institution, it shall go through the formalities of signing the contract with the trustee's business premises, and within two working days after signing this contract, transfer the trust funds to the special account for fund custody designated by the trustee.
Article 6 The term of the trust period trust plan is from ____________________ to ________________________________________________________________________________________________________________________________________________________________________________________________________________________________ The term is ____ years and is calculated from the date of establishment of the Trust Plan.
Article 7 Rights and Obligations of the Principal
1. Have the right to know the management, operation, disposal and income and expenditure of the trust property, and have the right to ask the trustee to make a statement;
2. Deliver trust funds in accordance with the provisions of this contract;
3. Ensure that the source of the trust funds it delivers is legal and must be its legally owned property;
4. Ensure that they have the right to sign the trust file including this contract and have performed the necessary approval or authorization procedures for the signing;
5. Ensure that the establishment of the Trust does not harm the interests of the creditors;
6. Other rights and obligations stipulated by laws and regulations.
Article 8 Rights and Obligations of the Trustee
1. Manage, apply and dispose of the trust property in accordance with this contract and the trust plan from the effective date of the trust;
2. Receiving trust payments;
3. Entrust the trust affairs to be handled on behalf of others;
4. In the capacity of the owner of the trust property, as the creditor of the _______ City Power Development Corporation, exercise the creditor’s rights;
5. In accordance with the provisions of this contract, due diligence, in the best interests of the beneficiary to handle trust affairs in accordance with the principles of honesty, credit, prudence and effective management;
6. According to the provisions of this contract, the net income of the trust shall be paid to the beneficiary to the extent of the trust property;
7. Keep the client, beneficiary and the handling of trust affairs confidential and confidential;
8. The complete records, original vouchers and materials of the trust business transaction shall be properly kept for a period of fifteen years from the date of termination of the Trust.
9. Other rights and obligations stipulated by laws and regulations.
Article 9 Rights and Obligations of the Beneficiary
1. Enjoy the beneficial rights of the Trust under this Contract from the effective date of the Trust;
2. The beneficiary shall not use the trust beneficiary right to repay the debt;
3. The beneficial beneficiary rights of the beneficiary may be transferred and inherited according to the provisions of this contract;
4. Obtain rights and perform obligations in accordance with laws, regulations and other provisions of this contract.
Article 10 Composition of Trust Property The Trust Property includes one or more of the following:
1. Trust funds obtained by the trustee for accepting the trust;
2. Property acquired by the trustee for the management, use, disposal or other circumstances of the trust property;
3. Property formed or acquired as a result of one or more of the foregoing loss, damage or other cause of property.
Article 11 Management and Use of Trust Property The trust property under this trust shall be managed and used by the trustee in accordance with the provisions of the trust plan and other trust assets under the trust plan.
By signing this contract, the principal agrees to join the trust plan.
The trustee shall separately record the trust property under the trust and manage it separately from the inherent property of the trustee.
The trust property under this trust may be traded at the fair market price with the trustee’s intrinsic property or other trust property managed by it.
Article 12 The expenses borne by the trust property shall be borne by the trust property for the following expenses incurred by the trustor in handling the trust affairs unless otherwise paid by the principal.
1. Taxes and fees incurred during the management, use or disposal of trust property;
2. The cost of production and printing of files or books;
3. Information disclosure fee;
4. Agency fees, audit fees and other intermediary fees;
5. The agency fee of the receiving agency;
6. Trustee's trust remuneration;
7. The liquidation fee at the termination of the trust;
8. Other expenses that can be included in accordance with the relevant regulations.
The fees referred to in this paragraph refer to the expenses borne by the trust property under the trust plan, which is based on the proportion of the trust funds in the trust plan funds.
Expenses The actual expenses incurred during the establishment and existence of the Trust are paid from the Trust Property and included in the current expenses. If the trustee advances in advance with the inherent property, the trustee shall be entitled to priority compensation from the trust property.
The trustee's trust remuneration is calculated and extracted in accordance with the provisions of Article 14 of this contract.
Article 13 Calculation of Trust Income, Trust Yield and Trust Net Income The calculation of trust income refers to the balance of the trust loan interest after deducting the expenses that should be borne by the trust property in accordance with Article 12 of this contract.
The term “trust loan interest” as used in this paragraph refers to the loan interest of the trust plan funds allocated according to the proportion of the trust funds in the trust plan funds.
Trust Yield Rate Calculation Trust Yield = Trust Income ÷ Trust Plan Fund × 100%
Trust net income calculation trust net income = trust income - trust compensation
Article 14: Trustee's Trust Remuneration The withdrawal of trust remuneration shall be settled and transferred at the end of each year from the date of entry into force of the Trust in accordance with the calculation method stipulated in Paragraph 2 of this Article.
Trust compensation calculation method
1. If the trust's current year's trust rate is less than 4%, the calculation method of the trust's remuneration for the year is: trust fund × 0%;
2. If the annual average rate of return on trust funds is between 4% and 4.6%, the method of calculating trust payments for the year is: trust funds ×.
3. If the trust's current year's trust yield exceeds 4.6%, the trust payment method for the year is calculated as: trust fund × [0.6% + × 50%].
The trust yield referred to in this Article is calculated in accordance with Article 13 of this contract.
Article 15 Distribution of the net income of the trust and the vesting of the trust property The distribution of the net proceeds of the trust The beneficiary shall enjoy the net income of the trust in proportion to the trust funds in the funds of the trust plan;
During the trust period, the trustee only distributes the trust benefits for the net proceeds portion of the trust;
The net proceeds of the trust are distributed in cash, and the beneficiary receives the net proceeds of the trust from the identity certificate file, the legal person authorization file, and the trust deed to the place designated by the trustee.
The net income of the trust is allocated within 10 working days after the completion of the trust plan.
The vesting trust of the trust property is terminated, and the trust property after deducting the trust fee stipulated in Article 12 belongs to the beneficiary.
The trustee returns the trust property to the beneficiary within 10 working days after the termination of the trust. The beneficiary to the place designated by the trustee to receive the bank deposit interest from the trust termination date to the trust property return date belongs to the beneficiary and the trust property. Return it together.
Article 16 Transfer of Trust Beneficiary Rights During the term of the trust, the beneficiary may transfer the beneficial rights of the trust by means of the transfer of the trust deed. However, the transfer may not be split.
If the beneficiary transfers the trust beneficiary right, it shall hold the identity verification file, the trust deed, the trust beneficiary transfer application and the transferee to go to the business place to handle the transfer registration formalities. If the transfer registration formalities are not completed at the trustee, the trustee may not be opposed. .
When the beneficiary transfers the beneficial right of the trust, the rights and obligations of the principal and the beneficiary under the trust shall be transferred to the transferee.
If the beneficiary transfers the trust beneficiary right, the transferor and the transferee shall pay the transfer fee to the trustee in accordance with 0.1% of the trust fund.
Article 17 After the change, termination, termination of the trust and the election of the new trustee, the trustee and the beneficiary shall not alter, revoke, terminate or terminate the trust without the consent of the trustee.
The Trust is terminated for the following reasons:
1. The term of the trust expires;
2. Termination of the trust plan;
3. The parties to the trust negotiated to terminate the trust in advance;
4. The purpose of the trust has been achieved or cannot be achieved;
5. This contract and the trust plan have other provisions, or other legal matters stipulated by laws and administrative regulations.
The selection method of the new trustee shall be implemented in accordance with the relevant provisions of the “Administrative Measures for Trust and Investment Companies”.
Article 18 Tax beneficiaries and trustees shall pay taxes in accordance with the relevant laws and regulations.
Taxes and fees that should be borne by the trust property shall be handled in accordance with laws, administrative regulations and the regulations of the relevant state departments.
Article 19 Risk Disclosure and Risk-taking Trustees may face risks, market risks, management risks and other risks of financing objects and financing projects in the process of managing, using or disposing of trust assets.
If the trustee manages, uses or disposes of the trust property in accordance with the provisions of this contract and the trust plan, resulting in loss of the trust property, the loss shall be borne by the trust property.
If the trustee deals with the trust affairs in violation of the provisions of this contract and the trust plan, and the trust property suffers losses, the trustee shall compensate him.
Article 20 Breach of Contract and Remedy If the principal or trustee fails to perform its obligations under this contract, or if the guarantee of one party under this contract is seriously inaccurate or inaccurate, it shall be deemed that the party violated this contract.
Unless otherwise stipulated by laws and administrative regulations, the trust shall be revoked, dismissed or confirmed to be invalid due to the trustee's reasons, and the principal shall be deemed to have breached the contract, thereby giving the beneficiaries and trust plan items of other trusts under the trust plan. If the trust property under the property causes losses, the client shall be liable for breach of contract.
The defaulting party of this contract shall compensate for all losses caused to the observant party due to its breach of contract.
Article 21 The notification address change notice informs the trustee and the trustee of the address of the residence of the trust party in the place of residence of the contract.
If the address or contact information of a party changes, the other party shall be notified in writing.
The trustee shall notify the principal or beneficiary of the matters requiring notice in the course of handling the trust transaction in a valid manner such as registered mail or fax, telex or telegram in accordance with the mailing address or contact information registered in this contract.
The trustee is not liable for any loss caused by the client not promptly notifying the trustee to contact the address information.
Article 22 Dispute Resolution of Other Matters and Application of Laws The current laws, regulations and rules of the People's Republic of China shall apply to the conclusion, entry into force, performance, interpretation, modification and termination of this contract.
Any dispute under this contract shall be settled through friendly negotiation; if the negotiation fails, either party shall have the right to sue the people's court in the place where the trustee resides.
The composition trust plan of this contract is an integral part of this contract. If this contract does not stipulate, the trust plan shall prevail; if this contract conflicts with the content specified in the trust plan, this contract shall be applied first.
This contract is effective after it has been sealed by both parties and delivered by the trustee.
The contract text is in two copies, and the principal and the trustee each hold one copy. It has the same legal effect. Before signing this contract, the trustee prompts that the trust property entrusted by the principal to the trustee must be the property legally owned by the principal, and the client is requested to carefully read the entire contents of this contract and the trust plan, and The legal meaning of the terms of the trust relationship, related rights and obligations is accurately understood.
Client: Legal representative / responsible person or authorized representative:
Trustee: _______ City _______ Trust and Investment Co., Ltd. legal representative or authorized representative:

Signing date: year, month and day