Fund trust contract

Client: _________
Legal representative or person in charge: _________
Business License No:_________
Business address or address: _________
contact address:_________
Postal code: _________
contact number:_________
fax:_________
trustee:_________
Legal representative: _________
Place of residence: _________
Postal code: _________
contact number:_________
fax:_________
In view of:
1. The principal and other investors jointly contributed and entrusted _________ to initiate the establishment of _________;
2. The client signs the “_________ Fund Trust Deed” with the trust and investment company according to the provisions of the equity acquisition trust trust file, and provides the trust fund _________ yuan, and becomes the specific beneficiary of the project;
3. The preferred beneficiary under the _________ Fund Trust Deed has the right to request the specific beneficiary of the above-mentioned equity acquisition trust to transfer the beneficial rights of the trust held by the trust;
4. The Principal agrees to provide the Trustee with the trust funds stipulated in this contract, which shall be managed and applied by the Trustee. When the Preferred Beneficiary under the Equity Acquisition Trust requires the specific beneficiary of the c-type contract to transfer the above-mentioned preferential beneficiary rights, or according to the equity The relevant provisions of the acquisition trust and the corresponding trust deed, with the above trust funds, transfer the above-mentioned trust beneficiary rights; for this reason, the principal and the trustee, according to the "Trust Law of the People's Republic of China", "Administrative Measures for Trust and Investment Companies", The Interim Measures for the Management of Fund Trusts of Trust and Investment Companies, the Contract Law of the People's Republic of China and other relevant laws, regulations and rules shall be signed by this contract for mutual compliance.
The trustee of the first trust purpose voluntarily entrusts the legally owned funds to the trustee based on the trust of the trustee, and the trustee applies and disposes according to the provisions of this contract, and obtains the proceeds from the beneficiary of the contract, and The acquisition of the trust file under the trust provides for the trust beneficiary right of the preferred beneficiary of the class a fund trust contract, which provides guarantee for the good liquidity and smooth exit of the preferred beneficiary's preferential beneficiary rights.
Article 2 Use of Trust Funds This project is a designated purpose fund trust. Trust funds are used to:
1. In the case of the circumstances specified in Article 8 of this contract, the equity beneficiary of the preferred beneficiary under the acquired equity acquisition trust;
2. In the case that the circumstances of Article 8 of this contract have not yet occurred, in order to ensure the liquidity and safety of the above-mentioned trust funds, the investment shall be invested under the creditor's rights of the trustee and the same amount of trust funds under this contract, including the transferee trustee. Number _________ loan contract, or invest in trustee other trust products to obtain trust income.
3. Trust income obtained from trust funds can be operated in a stable manner such as interbank placement, bank deposits or repurchase of government bonds before distribution.
Article 3 Beneficiaries The trust under this contract is a self-benefit trust. The beneficiary and the client are the same person.
Article 4 The trust funds and the currency of the fund trusts under this contract are RMB.
The amount of trust funds under this contract is RMB: _________ yuan.
The trustor shall pay or transfer the above trust funds to the trust fund designated by the trustee within three days after signing this contract.
The information of the special account of this contract trust fund designated by the trustee is as follows: account name: _________, bank account: _________, account number: _________.
Article 5 Entry into Trust The Trust under this Contract shall enter into force when the following conditions are met:
1. The equity acquisition trust plan was established;
2. The principal has delivered the trust funds in full in accordance with the provisions of Article 4 of this contract.
Article 6 Term of Trust The term of the trust under this contract is the duration of the equity acquisition trust.
Article 7 Management and Use of Trust Funds In the trust property under this contract, the trustee shall, in accordance with the provisions of this contract, establish a trust fund account to distinguish it from the trust property of other trust deeds under the equity acquisition trust plan. Independent management and application; however, in the event of the circumstances specified in Article 8 of this contract, the trustee shall use the trust property under this contract to realize the trust beneficiary rights enjoyed by the priority beneficiary.
The beneficiary unconditionally agrees with the management and application of the trust property as stipulated in the preceding paragraph.
The trustee shall establish a separate accounting account for the trust project funds under this contract for accounting.
Article 8 Use of Trust Property In the following circumstances, the trust property under this contract is used to transfer the beneficial beneficiary rights of the preferred beneficiary:
1. During the existence of the equity acquisition trust, the preferred beneficiary shall, in accordance with the provisions of the trust plan equity plan and the corresponding fund trust deed, require the specific beneficiary of the c-type fund trust contract to transfer its trust beneficiary rights, the trustee shall be in accordance with the above-mentioned trust The conditions and prices stipulated in the contract and the fund trust contract shall be transferred to the trust beneficiary right under the trust property under this contract;
2. Prior to the termination of the Equity Acquisition Trust Scheme, the Preferred Beneficiary shall transfer its Trust Beneficiary Rights to the Specific Beneficiary or its designated person in accordance with the Trust Plan and the relevant Trust Deed. When a particular beneficiary or its designated person receives the trust beneficiary right of the above preferred beneficiary, if the specific beneficiary or its designated person has no other funds to be transferred, the trustee shall follow the equity acquisition trust plan and the trust plan item. The conditions and prices stipulated in the relevant trust deeds shall be transferred to the trust beneficiary rights under the trust property under this contract.
If the cash in the trust property is insufficient to transfer the trust benefit of the trust under this contract, the trustee shall transfer the trust property to a third party at a fair market price, or be transferred by the trustee until the trust is fully received. Power.
Article 9: After the transfer of the above-mentioned trust beneficiary rights, the trust beneficiary rights are determined. After the trustee has transferred the trust property, the subsequent trust beneficiary rights shall be determined and executed in accordance with the trust beneficiary rights stipulated in the class c trust contract under the equity purchase trust plan. . The assignee waives other rights of the specific beneficiary in addition to the rights stipulated in Article 12, Items (1) and (2) of the above-mentioned category C trust contract and assumes corresponding obligations.
Article 10 Rights and Obligations of the Principal
1. The rights of the principal are as follows:
The trustee has the right to request the trustee to adjust the management method of the trust property when the trust property management method is not conducive to the purpose of the trust or does not meet the interests of the beneficiary because of the special reasons that were not foreseen when the trust was established;
If the trustee disposes of the trust property in violation of the trust purpose or causes damage to the trust property due to breach of management duties and improper handling of trust affairs, the client has the right to apply to the people's court to revoke the punishment and has the right to request the trustee to restore the original state of the trust property or Reimbursement;
This contract and other rights as stipulated by laws and regulations.
2. The principal's obligations are to deliver the trust funds in accordance with the provisions of this contract;
Ensure that the source of the trust funds it delivers is legal and is the legal owner of the funds;
Guarantee that the creditor has fulfilled the obligation to inform the establishment of the trust, and that the establishment of the trust does not harm the interests of the creditor;
This contract and other obligations as stipulated by laws and regulations.
Article 11 The rights and obligations of the trustee
1. The trustee’s rights shall be managed, applied and disposed of in accordance with the provisions of this contract from the date of entry into force of the trust;
The trust affairs may be delegated to others for processing according to the provisions of this contract;
This contract and other rights as stipulated by laws and regulations.
2. The trustee's obligations are to properly manage and use the trust property in accordance with the provisions of this contract. Without the consent of the client, the trust property may not be used or disposed of in a manner other than those stipulated in this contract;
Dealing with trust matters for the best interests of the beneficiaries, fulfilling their duties and fulfilling their obligations of honesty, credit, prudence and effective management;
Keep the client, beneficiary and the handling of trust affairs confidential and confidential;
In accordance with the relevant provisions of this contract and laws and regulations, the trustee and the beneficiary shall be provided with a trust fund management report and the use of trust funds and income statement, and shall keep complete records, original documents and materials for handling trust affairs, and the retention period shall be from this Fifteen years from the date of termination of the trust;
The trust property and its intrinsic property shall be separately managed and separately accounted, and the trust property of different principals shall be separately managed and separately recorded;
This contract and other obligations as stipulated by laws and regulations.
Article 12 Beneficiary's rights The beneficiary shall enjoy the following trust beneficiary rights under this contract:
1. Having the right to obtain trust benefits under trust property in accordance with the provisions of this trust deed;
2. The right to obtain all trust property after the termination of the Trust.
Article 13 Taxes and fees for trust property
1. Unless the principal pays separately, the following fees and taxes incurred by the trustee for handling the trust shall be borne by the trust property:
Taxes and fees incurred during the management, use or disposal of trust property;
File or book making and printing fees;
Information disclosure fee;
Intermediary fees such as audit fees, asset assessment fees, attorney fees, and credit rating fees;
Receiving agency agency fees;
Trust remuneration;
Other taxes and fees that can be included in accordance with the relevant regulations.
2. The expenses actually incurred during the period of the trust provision 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 trust remuneration shall be withdrawn by the trustee in accordance with the provisions of Article 14 of this contract.
Article 14 The trust remuneration trustee shall obtain the trust income according to the investment behavior of the trust fund in the second paragraph of the second paragraph of this contract, and collect the trust remuneration according to the following provisions:
If the current year's rate of return on trust funds is less than 5%, the calculation method of trust payments for the year is: trust funds × 0%;
If the trust fund yield is above 5%, the calculation method of the trust remuneration for the year is: trust fund ×.
Trustees shall not receive trust remuneration for the use of trust funds other than Article 2, item 2 of this contract.
Article 15 Information Disclosure
1. Information disclosure during the trust period The trustee shall submit the “Fund Trust Project Report” to the principal and the beneficiary in writing from the date of the trust establishment, and shall include the use of the trust property and the income statement. The Trustee shall ensure that the contents of the above reports and fact sheets are true, accurate and complete.
2. Disclosure of information after the termination of the trust After the termination of the trust under the project, the trustee shall make a liquidation report on the trust affairs within 10 working days after the termination of the trust and serve it on the beneficiary.
Article 16 Distribution of Trust Property after Termination of Trust
1. Attributable to the Trust Property after Termination of the Trust After the termination of the Trust, the Trust Property, including the remaining Trust Fund and the property or rights acquired using the Trust Fund in accordance with the provisions of this Contract, are attributable to the Beneficiary of the Contract.
2. Collection of trust property after the termination of the trust and its duration:
After the termination of the trust, if the trust property of the surplus is cash, the trustee shall transfer the above amount to the following bank account of the beneficiary within 15 days from the date of termination of the trust: account name: _________; bank: _________; account number _ ________.
After the termination of the trust, if the trust property of Shangyu is property rights, the trustee shall transfer the above property rights to the beneficiary name within 15 days from the date of termination of the trust, and complete the necessary transfer of property rights according to law.
Article 17 Risk Disclosure and Risk Takeover The trustee may face various risks in the process of managing, using or disposing of the trust property, including the risks of investment objects and investment projects, legal and policy risks, market risks, and management risks.
If the trustee manages, uses or disposes of the trust property in accordance with the provisions of this contract, and the trust property is damaged, the trust property shall bear the responsibility.
If the trustee violates the provisions of this contract to handle the trust affairs and causes the trust property to suffer losses, the trustee shall compensate him.
Article 18 Transfer of Trust Beneficiary Rights The beneficial rights of the trust enjoyed by the beneficiary under this contract shall not be transferred.
Article 19 Change, Cancellation and Termination of Trust
1. After the establishment of this trust, the principal and the beneficiary shall not alter, revoke, cancel or terminate the trust in advance, unless otherwise provided in this contract.
2. The Trust may be terminated for the following reasons:
The term of this contract trust expires;
The parties to the trust unanimously agree to terminate the trust in advance;
The purpose of the trust has been achieved or cannot be achieved;
This contract provides otherwise, or other legal matters stipulated by laws and regulations.
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 regulations, the trust shall be revoked, dismissed or confirmed as invalid due to the trustee's reasons, and the principal shall be deemed to have breached the contract. If the loss is caused to the beneficiaries and trust property of other trusts under the trust plan, 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 Applicable Law and Dispute Resolution The current laws, regulations and rules of the People's Republic of China shall apply to matters such as 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.
Article 22 The claimant hereby declares that the contract and the management of the trust property and the application of the risk statement have been carefully read before signing this contract. The contents of this contract and the risk statement have been fully understood. objection.
Article 23 The extension of the period The date of receipt of the payment or payment by the trustee as stipulated in this contract shall be postponed to the next working day in case of legal holidays.
Article 24 Contract Signature This contract shall become effective after being signed and sealed.
This contract is a _________ share, the trustee holds _________ copies, and the trustee holds _________ copies. It has the same legal effect.
person A person B:_________
Legal representative: _________ Legal representative: ______
_________Year ____________________________________________________________________________________________________________________________________________________________________________________________________________