Financial lease fund trust contract
_______ Guoxin word number
This contract solemnly declares that the trustee shall perform his duties with due diligence and perform his duties of honesty, credit, prudence and effective management. The risk arising from the management of trust funds in accordance with the provisions of this Trust Deed shall be borne by the trust property, that is, the funds delivered by the principal and the property formed by the trustee after the use of the funds; the trustee breaches the trust deed and improperly handles the trust affairs. The trust funds are lost and the trustee is compensated.
The parties to this contract are:
Client:
Legal representative / person in charge:
Natural person ID number:
address:
phone:
trustee:
Legal representative:
address:
phone:
According to 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 Administration of Trusts and Trusts of Trust and Investment Companies" and other relevant laws, regulations and rules, the two parties to the above-mentioned contract are equal, The principle of voluntariness, mutual benefit and good faith, in order to clarify their respective rights and obligations, on the basis of full consultation, to reach an agreement on the establishment of financial leasing funds trust, the client is willing to entrust the trustee, the trustee is willing to accept the client to entrust the contract Under the trust business, the two parties have entered into this contract for this purpose.
Article 1 Definition and Interpretation
In this contract, the following words have the following meanings unless the context otherwise explains or the context otherwise indicates:
1. This contract refers to the “Financial Lease Fund Trust Deed” and any amendments and additions to the contract.
2. Capital trust: refers to the trustee trusting the trustee to entrust the funds he legally own to the trustee. The trustee manages, uses and benefits the beneficiary according to the trustee’s will and the trustee’s name. The act of disciplinary action.
3. Trust plan: refers to the arrangement of the trustee to manage, use and dispose of the trust funds.
4. Trust funds: refers to the funds that the principal delivers to the trustee when the trust is established.
5. Trust income: refers to the cash calculated and allocated by the trustee to the beneficiary according to the provisions of the trust file.
6. Trust plan funds: refers to the sum of trust funds under the trust plan.
7. Trust file: Refers to this contract, trust plan and trust property management, and application of risk statement.
Article 2 Confirmation by the Trustee
1. The trustee is a trust institution approved by the People's Bank of China for re-registration on _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
2. The trustee has the legal qualification to enter into this contract and has the capacity to engage in and participate in the establishment, management and related activities of the trust property under this contract without any restrictions.
3. The trustee undertakes the truthfulness, legality and validity of the above facts. If there is any false or improper, all the consequences and liabilities arising therefrom may be borne by the trustee.
Article 3 Confirmation by the Principal
1. The client voluntarily uses his legally owned funds to establish the trust property under this contract, and the client guarantees that the legal rights of the fund are not subject to any restrictions.
2. The principal has the legal qualifications and full capacity for civil conduct to enter into this contract, and voluntarily entrusts the trustee to establish, manage and operate the trust property under this contract.
3. The client does not seek illegal gains for illegal purposes in the form of joining the trust plan.
4. The Principal undertakes the truthfulness, legality and validity of the above facts. If there is any false or improper, all the consequences and liabilities arising therefrom may be borne by the Principal.
Article 4: Beneficiary Confirmation
1. The beneficiary is the beneficial owner of the trust under this contract. The beneficiary of the trust under this contract shall be appointed by the principal. The beneficiary and the principal may or may not be the same person; the beneficiary may be one person or multiple persons. If the principal does not specify a beneficiary, the principal is the sole beneficiary of the trust.
2. The trust beneficiary designated by the principal is:
Legal person / other organization natural person
Legal representative / person in charge: Address: Postal code: Contact number: Fax: ID: ID number: Other valid identification number: Address: Postal code: Contact number: Fax:
If the beneficiary is multi-person, see the list of beneficiaries in the sub-file of this contract. The List of Beneficiaries is an integral part of the contract. If the beneficiary is a natural person, a copy of the beneficiary's ID card shall be submitted at the same time, and the copy of the beneficiary's ID card is an integral part of the contract.
Article 5 Trust property
1. The trust property under this contract refers to the trust fund delivered by the trustor to the trustee in accordance with the agreed time for the establishment of the trust fund under this contract, and the trust fund is managed by the trustee after the trust is established. And all assets and benefits derived from the disposal process.
2. Trust property includes but is not limited to one or more of the following:
Trust funds obtained by the trustee for accepting the trust;
Property formed as a result of the management, use or disposal of trust property;
Property formed or acquired as a result of one or more of the foregoing loss, damage or other cause;
Other income than the above.
3. The trust property is independent of the inherent property of the trustee. If the trustee is dissolved according to law or is revoked according to law and declared bankrupt, the trust property under this contract does not belong to its liquidation property.
4. For the management of trust property, the trustee guarantees to follow the principle of separate management and independent accounting to ensure that the operation record of the trust property is clear, comprehensive and accurate.
5. When joining the trust plan, the trust fund that the principal delivers to the trustee is RMB funds, and the total amount of trust funds is RMB 10,000. The Trustee shall pay the above trust funds to the Trustee's account within three working days from the date of signing this contract:
Account Name: _______ International Trust and Investment Co., Ltd.
Bank of deposit:
account number:
6. The trust under this contract is established from the date of the conclusion of this contract. After the establishment of the trust plan, the above property is the trust property.
Article 6 Trust purposes
Through the implementation of the trust plan, the trust funds of a number of designated financial leasing fund trusts will be pooled to form a fund portfolio with a certain scale and strength, and the trustee's professional financial management ability and rich experience in using funds will be utilized to implement the trust plan. The funds are used in financial leasing projects to obtain income, and idle funds are used for depositing funds such as banks, treasury bonds, government bond repurchases, interbank placements, and short-term loans.
Article 7 Establishment and Duration of Trust
1. The duration of the trust under this contract is _____ years, which is established the following day after the promotion period. That is, from _____ years _____ months _____ days to _____ years _____ months _____ days.
2. During the term of this contract, the trust duration of this contract shall not be arbitrarily changed unless the parties agree.
Article 8 Management and Application of Trust Property
1. The trustee shall collect, manage and dispose of the trust property in accordance with the agreement of the financial lease fund trust plan.
2. The specific management method of the trust property shall be determined by the trustee. The trust property under this contract may be traded at the fair market price with the intrinsic assets of the trustee, other trust assets managed by the trustee and the property of the related person.
3. The trustee confirms that the management of the trust property will perform its duties and fulfill its obligations of honesty, credit, prudence and effective management, and strive to achieve the security and effectiveness of the trust property.
4. The trustee shall separately manage and separate the trust property under the contract and the inherent property of the trustee.
Article 9 Trust income
1. Trust income and its calculation
The trust income refers to the sum of all income including the rental income of the finance lease, the rental fee income and other income, after deducting the balance of the expenses listed in the first paragraph of Article 10 of this contract.
The trust income under this trust is calculated according to the proportion of trust funds in the financial lease trust plan, and the calculation formula is:
Trust income = total trust income × × 100%
Trust Yield = Total Trust Revenue / Financial Leasing Trust Project Fund × 100%.
2. Distribution of trust income:
Trust income is distributed as follows:
The beneficiary shall enjoy the trust income according to the proportion of the trust fund in the financial lease trust plan fund, and the trust income shall be the trust income to be distributed after deducting the trustee's remuneration;
Trust income is distributed in cash. The first year of distribution is _____ business days after one year from the date of establishment of the trust plan; the trust income of the _____ year is paid within _____ business days after the termination of the trust.
The trust proceeds are transferred from the trustee to the bank account in which the beneficiary agreed in this contract obtains the trust proceeds.
The trust income transfer account is:
Account name:
Bank of deposit:
account number:
Article 10 Trust Fees
1. The expenses incurred by the trust company in dealing with the trust firm, including but not limited to:
Trust issuance fee;
The cost of production and printing of files or books;
Taxes and fees incurred during the management, use or disposal of trust property;
Information disclosure fee;
Intermediary fees such as lawyer fees and audit fees;
The liquidation fee at the termination of the trust;
Other taxes and fees that should be borne by the trust property in accordance with relevant regulations.
2. The expenses to be paid by the trust property = × the full cost of the financial lease trust plan fund.
3. The trustee shall, in the case of a separate account for the expenses incurred in dealing with the trust firm, record the current expenses and pay from the trust property. If the trustee advances in advance with the inherent property, the trustee shall be entitled to priority compensation from the trust property.
4. The expenses incurred by the trustee for breach of this contract and the expenses incurred in dealing with matters unrelated to the trust shall not be included in the expenses to be borne by the trust property.
5. If the above fees are paid by the trustee, the trustee may deduct directly from the trust property account within 7 working days after the advance of the advancement.
Article 11 Trust Remuneration
1. The trustee operates the trust business and collects the trust remuneration according to the agreement.
2. Before the trustee distributes the income each year, the trust payment is taken in accordance with the calculation method of paragraph 3 of this article.
3. Calculation method of trustee's compensation:
When the trust fund annual trust yield is below _____%, the trustee does not receive trust compensation;
When the trust fund annual trust yield is above _____%, the _____% portion is the trustee's trust compensation.
4. The term of trust referred to in this Article is calculated in accordance with Article 9 of this contract.
Article 12: Risk disclosure and commitment
1. In the process of managing, using or disposing of trust property, the trustee may face various risks, including project risks, policy risks, market risks, and management risks.
2. If the trustee manages, uses or disposes of the trust property in accordance with the provisions of this contract and the trust plan, and the trust property is damaged, the trust property shall bear the responsibility.
3. If the trustee manages, uses or disposes of the trust property in violation of the provisions of this contract and the trust plan, resulting in loss of the trust property, the trustee shall be responsible for compensation for the loss. If the compensation is insufficient, the trust property shall bear the responsibility.
4. During the existence of the trust, if major policy adjustments or force majeure factors fail to obtain or realize the expected benefits, the principal and the trustee shall adopt the principle of friendly negotiation, actively and effectively seek improvement measures, and minimize the risk brought to the trust property. loss.
Article 13: Rights and Obligations of the Principal
1. The rights of the principal
In addition to the rights stipulated in accordance with national laws and regulations and other provisions of this contract, the principal also enjoys the following rights:
Have the right to know the management, use, disposition and income and expenditure of their trust funds, and have the right to ask the trustee to make a statement;
According to the "Trust Law", once the trust is established, the trust property ownership and income rights are independent and can be used against third parties. The trust property also does not belong to the trustee's own property. When the trustee terminates and liquidates according to law, the trust property does not belong to the trustee's liquidation property;
The principal has the right to know the basic operation of the trust property and has the right to require the trustee to make a corresponding explanation on the management of the trust property, but the client shall exercise the above rights without affecting the trustee's normal management and operation of the trust property;
If the trustee has a gross negligence in disposing of the trust property or the management and use of the trust property in violation of the trust purpose, the trustee has the right to apply to the people's court to dismiss the trustee;
When the trustee is dismissed, dissolved, revoked, declared bankrupt or his legal qualification is lost, the principal has the right to elect a new trustee in accordance with the relevant provisions of the Trust Law of the People's Republic of China;
Other rights as stipulated by laws and administrative regulations.
2. The obligations of the principal
In addition to the obligations stipulated in accordance with national laws and regulations and other provisions of this contract, the principal shall also perform the following obligations:
Deliver trust funds in accordance with the provisions of this contract;
Ensure that the source of funds delivered is legal and that it is legally disposable;
Guarantee that the obligation to inform the legal creditors has been fulfilled for the establishment of the trust, and that the establishment of the trust does not harm the interests of its creditors;
The trust property may not be transferred once it has been established. During the existence of the trust, the non-legal program, the principal's entrustment to the trustee based on this contract is irrevocable or dismissable, and the principal may not withdraw the funds transferred to the trust account, may not transfer the trusteeship, and may not transfer the trust property;
The trustor may not require the trustee to manage the trust property and obtain benefits through illegal means or means, and may not achieve illegal purposes through trust;
Other obligations as stipulated by laws and administrative regulations.
Article 14: The rights and obligations of the trustee
1. The rights of the trustee
In addition to the rights stipulated in accordance with national laws and regulations and other provisions of this contract, the trustee also enjoys the following rights:
The trustee has the right to receive remuneration in the manner agreed in this contract. The trustee may directly deduct the trust remuneration due from the trustee from the trust property;
Manage, use and dispose of trust property in accordance with the provisions of this contract and the trust plan;
Entrusting trust affairs to others for processing;
Other rights as stipulated by laws and regulations.
2. Obligation of the trustee
In addition to the obligations stipulated in accordance with national laws and regulations and other provisions of this contract, the trustee shall also perform the following obligations:
The trustee shall, in accordance with the provisions of this contract and the trust plan, perform due diligence, perform honest, credit, prudent and effective management, and handle trust affairs for the benefit of the beneficiary's best interests;
The trustee shall keep the client, the beneficiary and the handling of the trust affairs confidential and confidential, except as otherwise required by law or administrative regulations or due to the handling of trust affairs;
If the trustee suffers losses due to breach of trust purpose or breach of management duties, the trustee shall compensate the trustee; if the compensation is not compensated, the trustee may not require the client to pay the trust management fee;
The trustee shall separately manage the trust property of the different entrusted clients accepted by itself and the trust property under this contract, and report to the principal and its beneficiaries at least on a yearly basis the use, disposition and income and expenditure of the trust property management;
According to the agreement of this contract, the trust interest shall be paid to the beneficiary to the extent of the trust property;
Upon termination of the trust, the trustee shall, within __ business day after the termination of the trust, make a liquidation report dealing with the trust affairs and serve it on the owner of the trust property;
Upon termination of the trust, the trustee shall notify the owner of the trust property in writing of the trust property within __ working days after the termination of the trust;
The trustee shall properly keep the complete records, original vouchers and materials of the trust business transaction for a period of 15 years from the date of termination of the trust;
Other obligations as stipulated by laws and administrative regulations.
Article 15 Rights and Obligations of the Beneficiary
In addition to the rights under national laws and regulations and other provisions of this contract, the beneficiary also enjoys the following rights:
1. The rights of the beneficiary
Trust income rights from the date of establishment of the Trust Plan;
The beneficiary may repay the debt in the manner of transferring the beneficial rights of the trust in accordance with the provisions of Article 16 of this contract; the beneficiary's trust beneficiary rights may be transferred and inherited according to the provisions of this contract.
2. The obligations of the beneficiary
In addition to the obligations stipulated in accordance with national laws and regulations and other provisions of this contract, the trustee shall also perform the following obligations:
Provide beneficiary information, including but not limited to identification, correspondence address, trust income transfer account, etc.;
When the beneficiary's data changes, notify the trustee in a timely manner.
Article 16 Change and transfer of trust beneficiary rights
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