Legal Research On The Establishment Of Family Trust By Company Equity

In the process of continuous economic development,the social structure has also undergone earth-shaking changes,mainly reflected in the rapid accumulation of wealth and the rising rate of wealth growth.According to BCG's "China Private Banking 2017" report,the number of households with investable assets ranging from US$1 million to US$5 million and the range from US$5 million to US$20 million is the fastest growing from 210 in 2017.Ten thousand households and 300,000 households will reach approximately 3.4 million households and 500,000 households respectively in 2021.As a result,a number of high-net-worth individuals and high-net-worth families have emerged in China.They are increasingly concerned about wealth management and wealth inheritance,and there is a large demand for family trust products and services.In high-net-worth individuals' wealth,corporate equity accounts for a considerable part of the equity.The establishment of family trusts by equity can achieve a number of functions such as equity management,corporate control,investment and financing,and property inheritance.China's ‘Trust Law' does not prohibit trust property in the form of equity.However,due to the special nature of equity assets,in the existing legal environment,the establishment of trust products by equity requires a lot of legal obstacles.Such as the registration of equity trusts,taxation of equity trusts,and the disclosure of information in the acquisition of equity trusts.This article mainly starts from four parts.The first chapter mainly revolvesaround the equity family trust,and describes the development status,basic concepts and corresponding functions of the ownership family trust.The development status and existing problems of domestic equity family trusts are elicited..The second chapter is about the company's equity in the process of setting up a family trust in the country,and in-depth exploration of the legislative dilemma it encountered.First,analyze the ownership of the trust property and related property rights,and analyze the transfer of equity trust property according to the characteristics of the limited liability company and the limited liability company;secondly,carry out the publicity system and taxation issues of the trust property of the equity family.Analysis;Finally,the contradiction between the confidentiality of the equity family trust and the information disclosure obligation of the listed company is analyzed.The third chapter compares the equity family trust system between the Anglo-American and civil law countries and analyzes the similarities and differences from the nature of the trust property rights,the trust tax system,and the trust disclosure system to further develop more vitality.Integrate into China's equity family trust legal system.The fourth chapter focuses on the problems existing in the development stage of domestic equity family trusts and proposes some targeted improvements.It is divided into four parts and corresponds to the legislative dilemmas encountered by China's equity trust families mentioned in the above article.Discussing the trustee's ownership of trust property,publicizing the trust and adopting “registration antagonism”,and having the functions of the trust property registration and the trustee's tax system adopted by the existing authority registration authority—the administrative department for industry and commerce and the securities registration and clearing institution.The combination of theory and trust entity theory and the information disclosure obligations of listed company equity trusts.