集合资金信托商事法律关系主体化研究

Business- subjectification of Syndicated Financing Trusts

集合资金信托符合商事法律关系主体所要求的营利性、营业性、公开性及专业性特征,兼有资产隔离与内部治理的商事组织基本属性,具备成为商事主体的条件。一旦集合资金信托成为具有独立地位的商事法律关系主体,信托财产归属、受托人义务及责任承担等问题将顺利解决,自然人委托人与信托公司间地位趋向平衡,投资者利益因此得到有效保护。

Syndicated financing trust meets the features of business entities including profitability, operation, openness and profession. It features asset separation and internal governance, both of which are basic natures of business entities. It has the basic conditions to become a business entity. Once syndicated financing trust becomes a business entity that has an individual status, problems including the ownership of trusted asset and obligations and responsibilities of trustees will be solved, natural persons, trustees and trusted companies will have more balanced status and the interests of investors will be protected effectively.