Legal Regulation Of Commercial Bank Trust Loan Financing Products

With China’s accession to WTO，the influx of foreign banks，the livingenvironment of China’s commercial banks are increasingly severe，the commercialbanks operating philosophy needed change，financial innovation，product innovation，a mixed trend．Trust-lending products as an important financial bank letter ofcooperation of financial products give full play to both commercial banks and trusttheir own advantages，to meet the needs of direct financing，allowing commercialbanks to the credit crunch in the macro-control policy to achieve to avoid high-qualityprojects，high-quality customer premise to the risk of loss of profit maximization．Trust lenders structured financial products as a financial product，not only areassuch as banking and trust business，but also involves multiple parties，includingfinancial customers，commercial banks，trust companies and loan customers and theirlegal relationship is more complex．Commercial banks as the designers of suchproducts，from the borrower and determine the customer’s choice to trust in moneylending class product design，sales，distribution of that income，by the banks．Trustis reduced to such a business "channel"，"platform"，the functions of trust and notreflected．As the commercial banks in such business in the wrongful act，making thealienation of such a serious business，as its circumvent the regulation，maneuverscredit tools，a departure from the standard bank letter of cooperation mode anddirection of innovation，its potential risks are also frequent．Therefore，this paperfocuses on the trust by credit class financial products discussed in the legalrelationship，in order to identify such products in the commercial banking presence inthe legal risks，and finally against these risks point to prevent commercial banks putforward practical suggestions．Specifically，this paper is divided into the followingfour parts：The first part is a commercial bank loans trust wealth management productsoverview．In this section，first the background of such products，as well as a detailed description of the status quo，then the concept of such products，the relevant conceptsin the range，and the characteristics and types of point of view to explain the meaningof such products．The second part is a commercial bank loans to wealth management products trustthe legal relationship analysis．In this section，the first such products to define thelegal nature of the relationship，according to the three stages of such products todefine their legal relationship，that between banking customers and the commercialbanks，the financial contract law based on principal-agent relationship，commercialbanks and trust companies the contract of trust between the legal relationship based ontrust，trust companies and loan customer legal relationship between the loan contract．The third part is the commercial bank loans in the trust financial productscategory in the presence of legal risk．In this part of every legal relations incommercial bank’s legal risk，mainly from the commercial banks in the financialcontract，trust contract and trust funds loan management three respects undertaketreatise，with period found that commercial banks in such products exist in legalproblems for this kind of product，the precaution of legal risks related to the legaladvice．The fourth part is to improve the recommendations of the legal risks ofcommercial banks in the prevention trust loan financial products．Mainly from twoaspects of the external mechanisms and internal mechanisms of the commercial banksto provide advice，which its external mechanism is discussed from three aspects of thefinancial legal system，the beneficiaries of the operating mechanism of the GeneralAssembly， the industry self-regulation to their own internal mechanism from thefinancial plan and trust the interface between the plans and loan projects，and improvethe information disclosure mechanism，discussed the introduction of external creditrisk grading system，the quality of the financial manager as well as the role of thelegal department．...