Employee shareholding fund trust contract

Client: _________
Legal representative / person in charge:_________
trustee:_________
Legal representative: _________
In order to clarify the rights and obligations of the parties to the fund trust, protect the legitimate rights and interests of the parties to the trust, and give full play to the functions of the _________ company's trustee and financial management, and regulate the rights and obligations of the parties in the trust management, the trustee and the trustee. In accordance with the principles of equality, mutual benefit, voluntariness and good faith, in accordance with the "Trust Law of the People's Republic of China", the "Contract Law of the People's Republic of China", "Administrative Measures for Trust and Investment Companies", "Interim Measures for the Management of Trust Trust Companies' Fund Trusts" and others The relevant laws and regulations stipulate that this contract shall be signed by consensus.
Article 1 Interpretation In this contract, unless otherwise agreed by the context, the following words have the following meanings:
1.1 Trust: The trustee entrusts the property right to the trustee based on the trust of the trustee. The trustee manages or disposes of the beneficiary's interests or specific purposes in the name of the client according to the client's wishes. behavior.
1.2 Trust Deed, this contract: refers to "_________" signed by the principal and the trustee and any amendments and additions to the contract.
1.3 Trust: Refers to the collective fund trust established under this contract.
1.4 Trust Plan: Refers to "_________".
1.5 Principal: A natural person who has entered into this contract with the trustee and is obliged to deliver the principal of the trust to the trustee and has full civil capacity.
1.6 Trustee: Refers to the _________ company.
1.7 Beneficiary: refers to the natural person, legal person or other organization established by law in the trust deed designated by the trustee.
1.8 Project company: refers to the ________ company registered in _________.
1.9 Trust property: The property obtained by the trustee for the trust principal obtained from the promised trust and the management, use, disposal or other circumstances of the trust principal.
1.10 Trust principal: The funds that the principal actually delivers to the trustee at the time of signing this contract.
1.11 Trust Account: refers to the special account for funds under the Trust under the trustee's _________.
1.12 Trust property bank transfer account: refers to the bank account designated by the trustor for the trustee to pay the beneficiary trust income and transfer the trust property.
1.13 The trust property management, operation and disposal method independently determined by the principal: refers to the management, operation and disposal methods of the trust property as stipulated in Article 8 of this contract.
Article 2 The trustee of the trust voluntarily entrusts the legally owned funds to the trustee based on the trust of the trustee, and authorizes the trustee to manage, use and dispose of the trust property in the management, operation and disposal of the trust property independently determined by the trustee. In order to maximize the benefits for the beneficiaries.
Article 3 Trust Types The Trust is a trust for the management, operation and disposal of trust assets independently determined by the Trustee.
Article 4 Trust principal and delivery
4.1 The trust principal currency is: RMB, the amount is: _________ yuan,.
4.2 The principal shall deliver the trust principal to the following trust account on the date of signing this contract: bank account: _________, account name: _________, bank account number: _________.
4.3 The trust principal is deposited with the bank from the date of delivery to the date of the establishment of the trust plan. The interest of the trust principal from the date of delivery to the date of establishment of the trust plan is calculated according to the current deposit interest rate stipulated by the People's Bank of China. After the trust plan is established, it is included in the trust property and paid to the beneficiary when the trust income is first distributed.
Article 5 Trust Effective and Trust Period
5.1 The Trust shall become effective on the date on which the Trustee delivers the principal of the Trust and the Trust Plan is established.
5.2 The term of the Trust is three years from the date of entry into force of the Trust.
Article 6 Trust beneficiary trust property rights owner
6.1 The Beneficiary of the Trust is the beneficiary as set out in the Attachment to the Multiple Benefits List of the Sub-File 2 of the Contract. The basic situation of the beneficiary and the account of the trust benefit are set out in the “List of Multiple Beneficiaries”.
6.2 After the termination of the Trust, the rights of the remaining trust property are attributed to the beneficiaries as set out in the “List of Multiple Beneficiaries”.
Article 7 Composition of trust property
7.1 trust principal;
7.2 The equity of the trust principal acquired after the equity of the project company is transferred;
7.3 Property acquired as a result of the management, use, disposition or other circumstances of the trust property;
7.4 Other property that can be counted in the trust property by laws and regulations.
Article 8 Management, Application and Disposition of Trust Property
8.1 The Principal authorizes the Trustee to add the Trust Principal to the Trust Plan and gather with other Trust Principals to join the Trust Plan and apply it to the transferee in the name of the Trustee for the shareholding of the Project Company held by the _________ Company .
8.2 The Principal authorizes the Trustee to manage, use and dispose of the Trust Property in accordance with the management, operation and disposal of the project property as stipulated in Article 5.2 of the Trust Plan.
Article 9 Accounting of trust property
9.1 The Trust shall establish an accounting account by the trustee, calculate the value of the trust property according to the proportion of the principal of the trust in the principal of the plan, share the trust income, and share the loss of the trust property.
9.2 All expenses incurred by the Trust, including taxes, intermediary fees, and trustee's remuneration, shall be paid in accordance with the Trust Plan.
9.3 The calculation method of the trust profit and loss, the distribution time and distribution method of the trust income shall be implemented in accordance with the provisions of the trust plan.
Article 10 Rights and Obligations of the Trustee
10.1 The rights and obligations of the principal have the right to know the management, operation, disposal and income and expenditure of the trust property;
Deliver the principal of the trust in full and on time in accordance with the provisions of this contract;
Guarantee the principal of the trust as its legally owned property;
Ensure that the Trust has fulfilled its obligation to inform the legal creditors and that the establishment of the Trust does not harm the interests of the creditors;
Pay the trustee's remuneration in full and on time in accordance with the provisions of this contract;
Other rights and obligations stipulated by laws and administrative regulations.
10.2 The rights and obligations of the trustee shall be entitled to manage, use and dispose of the trust property in accordance with this contract and the trust plan from the date of entry into force of the trust;
Have the right to obtain remuneration in accordance with this contract and the trust plan agreement;
Dealing with trust matters for the best interests of the beneficiary in accordance with this contract and the trust plan;
The trust property shall be separately managed and separately recorded from its inherent property and other trust property;
Keep the client, beneficiary and the handling of trust affairs confidential and confidential;
According to the provisions of this contract, the trust interests shall be paid to the beneficiary to the extent of the trust property;
Other rights and obligations stipulated by laws and administrative regulations.
10.3 The rights of the beneficiary shall enjoy the beneficial rights of the Trust from the date of entry into force of the Trust;
The trust beneficiary rights may be transferred and inherited in accordance with the provisions of this contract;
Other rights as stipulated by laws and administrative regulations.
Article 11 Transfer of trust beneficiary rights
11.1 After the Trust becomes effective, the Trustee shall deliver the Certificate of Beneficiary Rights to the beneficiary.
11.2 During the term of the trust, the beneficiary shall meet all of the following conditions:
The conditions for the transfer of beneficiary rights stipulated in the “Measures for the Transfer of Trust Benefits” adopted by the beneficiary conference;
Hold this contract, the "Certificate of Beneficiary Rights" and other identification documents required by the trustee, and go to the transferee to go through the transfer registration formalities with the transferee and reissue the "Certificate of Transfer of Beneficial Rights". Those who fail to register with the transferee at the trustee may not oppose the trustee.
The transfer fee is paid to the trustee in accordance with the trust principal.
11.3 Due to the transfer of trust beneficiary rights arising from inheritance, the successor shall hold a valid certificate and refer to the provisions of Section 11.2.
Article 12 Termination of the Trust, Liquidation and the Ownership of the Trust Property
12.1 After the Trust becomes effective, the Trustee and the Beneficiary shall not alter, terminate or terminate the Trust without the consent of the Trustee.
12.2 The Trust may be terminated for one of the following reasons:
The parties to the trust agree by consensus;
The term of the trust expires;
Other circumstances as stipulated by laws and regulations.
12.3 The Trust terminates and the Trust Property is liquidated in accordance with the Trust Plan. The trust property after liquidation shall be distributed to the trust property owner of the trust in the following manner.
The trust property in cash form shall be transferred by the trustee to the trust property owner in the form of cash, in proportion to the principal of the trust in the principal of the plan, and transferred to the trust benefit account.
For the trust property of the equity form, if the target company is a joint stock limited at the time of termination of the trust, the trustee shall transfer the proportion of the trust principal of the trust to the owner of the trust property, but the owner of the trust property shall advance The transfer fee is paid, otherwise the trustee has the right to retain the equity. When the target company is still a limited liability company at the time of termination of the trust, the trustee shall not be required to transfer the proportion of the trust's principal of the trust to the principal of the trust to the name of the owner of the trust. In addition to the negotiation between the principal, the beneficiary and the owner of the trust property rights, the trust and the trust plan are deemed to be unsuccessful, and the trust period of the trust is automatically extended until the date of the legal transfer of the equity transfer, and the trust period is extended. The remuneration of the person is negotiated separately by the trustee and the beneficiary.
Article 13 Liability for breach of contract
13.1 If the principal or the trustee fails to fully perform its obligations under this contract, it shall be deemed to be in breach of contract and shall bear the losses caused thereby.
13.2 The Trust shall be revoked, dismissed or confirmed to be invalid due to the principal's reasons. The Client shall be deemed to have breached the contract and shall bear the losses caused thereby to the Trustee and other parties under the Trust Plan.
Article 14 Disputes Handling Disputes arising from this contract and the matters associated with this contract shall be settled through negotiation. If the negotiation cannot be resolved, the lawsuit shall be under the jurisdiction of the people's court of the place where the trustee resides.
Article 15 Notice, Service
15.1 If the address and method of contact of any party, trustee or beneficiary change, the other party shall be notified within 10 days from the date of change. During the term of the trust, if the beneficiary changes the account of the trust interest, the trustee shall be notified in writing, and the contract and the beneficiary's identity document shall be submitted to the trustee's domicile for the trust benefit transfer account change confirmation procedure, and the trustee shall not be notified. May not fight against the trustee.
15.2 The delivery of this contract is:
Delivery method: special person delivery, registered mail, fax, telegram, e-mail, etc., and store the trustee's business premises for future reference;
Delivery address: the address stated in this contract;
Time of receipt: the date of receipt by the person, the date of receipt by the addressee; the day of receipt of the registered letter, the day of receipt of the registered letter; the first job after receiving the reply date or successful confirmation of delivery by fax, telegram or email day.
Article 16 Other matters
16.1 If the working day stipulated in this contract meets the statutory holidays, it shall be postponed accordingly.
16.2 This contract is effective as of the date on which the following conditions are met:
Sign the principal or authorized agent.
The legal representative or authorized agent of the trustee signs and affixes the official seal.
16.3 This contract is made in two copies. The principal and the trustee each hold one copy and have the same legal effect. If the principal and the beneficiary are not the same person, each beneficiary shall submit a copy of this contract with the seal of the trustee.
16.4 Trust plan, trust property management, application of risk statement, and multiple beneficiary lists are part of this contract. If this contract does not stipulate, the trust plan shall prevail; this contract and trust plan, trust property In case of conflicts in the management and application of the risk statement, this contract shall be applied first.
Article 17 Special Declaration
17.1 The principal has carefully read and studied all the trustee exemption clauses in this contract before signing this contract, and has no objection to its written and legal meaning, and is fully consistent with the trustee's understanding.
17.2 The parties have carefully read and studied this contract and trust plan before signing this contract, and have no objection to their written and legal meanings, and are fully consistent with the trustee's understanding.
Client: _________ Trustee: _________
Authorized representative: _________ Authorized representative: _________
_________Year ____________________________________________