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Research On Legal Issues Of The Trustee Of British Pension Trust

Posted on:2015-08-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y W ZhangFull Text:PDF
GTID:2296330431486158Subject:Law
Abstract/Summary:PDF Full Text Request
British equity law gave birth to the trust. Pension fund get a good earning in the capitalmarket with the help of trust’s wealth management function. As an assets management,the trustee of pension trust make investment decision must be carefully. This is verysignificant to the pension fund’s safety and benefit. Therefore, this paper mainlyresearches the trustee of British pension trust. Finally, based on the analysis of thepension trust laws in China, this thesis makes some suggestions about how to improvethe duty of prudent investment.The first part of this paper is the general interpretation of British pension trust system,including the origin of the trust system and an outline of the British pension trustsystem.In this paper, the second part is mainly about the trustee’s rights and obligations,including qualification of the trustee. As the trustee, he has the right of handling thetrust affairs and the rights of investment. At the same time, the trustee also owes theduty of loyalty and the duty of care. That ensures the proper management of the trustproperty.The third part of this paper focuses on the changing process of the duty of prudentinvestment in Anglo-American trust law. According to the article, the duty of prudentinvestment as an extension of the duty of care. For pension trustee, the duty of prudentinvestment is the most important obligations.Lastly, based on the investigation of our country’s trust law regulation, although wefound that our country’s trust laws have the duty of prudent investment, there are manyproblems such as:"the regulation is too abstract, interoperability is not strong","thetrustee investment right of government leading, low degree of freedom". For this reason,in order to realize localization of duty of prudent investment system in our country, wemust draw lessons from the Anglo-American trust law; make the fiduciary duty ofprudent investment system of our country much better.
Keywords/Search Tags:Trust, British Pension trust, Trustee, Duty of prudent investment
PDF Full Text Request
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