Trust is the only property management system that has the separation of ownership, management, and beneficial rights. In China, the cultivation and enlightenment of the family trust market has gone through a period of time, and the unique functions of trusts in risk isolation of family wealth, careful care of family members, intergenerational inheritance of family wealth, and family charity and public welfare have gradually been understood and accepted by the public. With the joint efforts of private banking departments, trust companies, law firms, third-party intermediaries, and other related institutions of commercial banks, China's family trust business has made significant progress.
As of the end of September 2021, the scale of family trust existence in China is about 310 billion yuan, which has increased for six consecutive quarters; There are approximately 15000 existing family trusts in China; Out of 68 trust companies, 59 have carried out family trust business.
However, the development of China's family trust industry also faces various difficulties. At the legal system level, Chinese family trusts face many legal difficulties, such as unclear ownership of trust property, obstacles to the effective establishment of trusts, unclear qualifications and responsibilities of trustees, heavy tax costs, and inadequate social security and judicial supervision mechanisms. At the level of financial regulation, Chinese family trusts are facing difficulties such as stricter regulatory policies and continuously strengthening regulatory efforts. At the level of trust companies, Chinese family trusts face issues such as asymmetric trustee capabilities and trust purposes, unequal trustee obligations and rights, and inadequate internal control systems in trust companies.
The root cause lies in the weak foundation of Chinese trust culture, imperfect theoretical foundation of trust law, and insufficient development of trust companies. The academic and practical circles of trust should jointly examine the current situation, main difficulties faced, feasible solutions to problems to be solved, and future trends of the development of Chinese family trusts. This special issue aims to provide valuable insights, suggestions, and recommendations for the development of Chinese family trusts, ultimately fostering their effective establishment, stable operation, and the protection, appreciation, and inheritance of the wealth of Chinese entrepreneurs.
- Family Trust
- Trust Company
- Legal Environment
- Financial Regulation
- Chinese Mainland