Study On Legal Issues Of Trust Of The Right To Equity Return

The trust system of the right to equity return concludes two kinds of patterns.The first one is called the collective fund trust of the right to equity return,which is collective fund trust in which social investors entrust their funds to the trustee and the trustee buys certain right to equity return.The other one is called property trust of the right to equity return,and it is the trust in which a settler entrusts the right to equity return to a trustee.In both two patterns,the right to equity return is the trust property,so both of them belong to the trust system of the right of equity return,and will be discussed in this paper.The full paper is divided into three sections,which are introduction,body and conclusion.The body consists of four parts,which are as follows:In the first part,a brief introduction of trust of the right to equity return in our country is given.In this part,the nature of equity return right as well as the functions are discussed,and the trust of equity return right is distinguished to several similar legal relationships,such as equity trust,voting trust.In the second part,three cases are quoted to introduce basic situation of equity earning trust.In this way,two practical operation modes of trust of the right to equity return are proposed.In the third part,theoretical and practical issues existed in the trust of the right to equity return are proposed by analyzing cases from 2014 to January,2017.In the fourth part,the existing legal system of the equity return trust is presented,and by analyzing legal deficiency in this part,several legislative recommendations are proposed,like setting a limitation of equity return rate,building public announcement system and Information disclosure system.Finally,this paper concludes that both two patterns are trust of the right to equity return and are valid.First of all,the right to equity return is transferred in the trust.Secondly,the right to equity return is future credit-right.At the last,the right to equity return is qualified trust property since it is transferable and certain.Additionally,there are several suggestions to improve the legal system,such as setting a limitation of equity return rate,building public announcement system and Information disclosure system.