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The property obtained by the trustee through administering, using or disposing of the trust property or by other means falls within trust assets. (来源:英语电影下载 http://bt.englishcn.com)
No property the circulation of which is prohibited by laws and administrative regulations may be deemed trust property. (来源:英语麦当劳-英语杂志 www.EnglishCN.com)
The property the circulation of which is restricted by laws and administrative regulations may be deemed trust property upon approval given, in accordance with law, by the competent department concerned. (来源:英语麦当劳-英语快餐EnglishCN.com)
Article 15 The trust shall be differentiated from other property that is not put under trust by the settler. Where, after a trust is created, the settler dies or is dissolved or cancelled according to law, or is declared bankrupt, and the settler is the sole beneficiary, the trust shall be terminated, and the trust property shall be his legacy liquidation property; where the settler is not the sole beneficiary, the trust shall subsist, and the trust property shall not be his legacy or liquidation property; but if the settler is one of the co-beneficiaries and dies or is dissolved, or cancelled according to law, or is declared bankrupt, his right to benefit from the trust shall be deemed his legacy or liquidation property. (来源:英语麦当劳-英语杂志 EnglishCN.com)
Article 16 The trust property shall be segregated from the property owned by the trustee(hereinafter referred to as his“own property”, in short), and may not included in, or made part of his own property of the trustee. (来源:英语美食指南 http://food.englishcn.com)
Where the trustee dies or the trustee as a body corporate is dissolved, removed or is declared bankrupt according to the law, and the trusteeship is thus terminated, the trust property shall not be deemed his legacy or liquidation property. (来源:英语资料下载 http://download.englishcn.com)
Article 17 No compulsory measures may be taken against the trust property unless one the following circumstances arises; (来源:英语麦当劳-英语学习门户 EnglishCN.com)
(1)where before the creation of the trust, the creditors enjoyed the priority right to be paid with the trust property and may exercise this right according to law; (来源:英语e问e答 http://ask.englishcn.com)
(2)where the creditors demand repayment of the debts incurred by the trustee in the course of handling trust business; (来源:英语博客 http://space.englishcn.com)
(3)where taxes are levied on the trust property itself; and (来源:专业英语学习网站 http://www.EnglishCN.com)
(4)other circumstances prescribed by lay. (来源:英语交友 http://friends.englishcn.com)
Where compulsory measures are taken against the trust property in violation of the provisions in the preceding paragraph, the settler, trustee and beneficiary shall have the right to raise their objections to the People's Count. (来源:英语交友 http://friends.englishcn.com)
Article 18 The claims arising from the administration or disposition of trust assets by the trustee may not be used to offset the liabilities incurred by the trustee's own property. (来源:英语麦当劳-英语杂志 EnglishCN.com)
The claims arising from the administration and disposition of the trust assets of different settlers may not be used to offset the liabilities incurred by the trustee likewise. (来源:EnglishCN英语问答中心[e问e答])
Chapter IV (来源:英语美食指南 http://food.englishcn.com)
The Parties Concerned in a Trust (来源:英语博客 http://space.englishcn.com)
Section 1 (来源:英语分类信息 http://fl.englishcn.com)
The Settler (来源:英语电影下载 http://bt.englishcn.com)
Article 19 The settler shall be a natural person, a legal person, or an organization established in accordance with law, that has full capability for civil conduct.
Article 20 The settler shall have the right to know the administration, use and disposition of, and the income and expenses relating to, his trust property, and the right to request the trustee to give explanations in this regard. (来源:英语问答中心 http://ask.englishcn.com)
The settler shall have the right to check, transcribe or duplicate the trust accounts related to his trust property and other documents drawn up in the course of dealing with trust business.
Article 21 If, due to special reasons unexpected at the time the trust is created, the methods of administrating the trust property are not favorable to the realization of trust purposes or do not conform to the interests of the beneficiary, the beneficiary, the settler shall have the right to ask the trustee to modify such methods. (来源:英语分类信息 http://fl.englishcn.com)
Article 22 Where the trustee disposes of the trust property in breach of purposes of the trust, or causes losses to the trust property due to his departure from his administrative duties or improper handling of trust business, the settler shall have the right to apply to the People's Count for annulling such disposition and the right to ask the trustee to restore the property to its former state or make compensation. Where a transferee of the said trust property accepts the property while knowing the violation of the purposes of the trust, he shall return the property or make compensation. (来源:英语麦当劳-英语杂志 www.EnglishCN.com)
Where the settler does not exercise the right of application prescribed in the preceding paragraph within one year beginning from the date he comes to know or should have known the reason for annulling the disposition, such right shall cease to exist. (来源:英语聊天室 http://chat.EnglishCN.com)
Article 23 Where the trustee disposes of the trust property against the purposes of the trust or commits gross negligence in administering, using or disposing of the trust property, the settler shall have the right to dismiss the trustee according to the provisions in the trust documents or apply to the People's Count for dismissing him. (来源:EnglishCN英语问答中心[e问e答])
Section 2 (来源:专业英语学习网站 http://www.EnglishCN.com)
The Trustee (来源:英语麦当劳-英语杂志 EnglishCN.com)
Article 24 The trustee shall be a natural person or legal person who has full capability for civil conduct. (来源:英语麦当劳-英语杂志 www.EnglishCN.com)
Where there are other provisions governing qualifications of a trustee laid down in laws or administrative regulations, those provisions shall prevail. (来源:英语论坛 http://bbs.englishcn.com)
Article 25 The trustee shall abide by the provisions in the trust documents and handle trust business for the best interests of the beneficiary. (来源:英语e问e答 http://ask.englishcn.com)
In administering the trust property, the trustee shall be careful in performing his duties and fulfill his obligations with honesty, good faith, prudence and efficiency. (来源:英语交友 http://friends.englishcn.com)
Article 26 Except obtaining remuneration according to the provisions of this Law, the trustee may not seek interests for himself by using the trust property. (来源:英语资料下载 http://download.englishcn.com)
Where the trustee, in violation of the provisions of the preceding paragraph, seeks interests for himself by using the trust property, the interests gained therefrom shall be integrated into the trust property. (来源:英语博客 http://space.englishcn.com)
Article 27 The trustee may not convert the trust property into his own property. Where the trustee converts the trust property into his own property, he shall restore the trust property into its former state; where losses are caused to the trust property, he shall bear the responsibility to pay compensation.
Article 28 The trustee may not conduct inter transaction between his own property and trustee assets or between the trust assets of different settlers, unless it is otherwise stipulate in the trust documents or is consented by the settlers or beneficiary and the inter transaction is conducted at fair market price. (来源:英语麦当劳-英语杂志 EnglishCN.com)
Where the trustee, in violation of the provisions in the preceding paragraph, causes losses to the trust property, he shall bear the responsibility to pay compensation. (来源:英语问答中心 http://ask.englishcn.com)
Article 29 The trustee shall administer the trust property separately from his own property and keep separate accounting books, and he shall do the same with regard to the trust property of different settlers. (来源:专业英语学习网站 http://www.EnglishCN.com)
Article 30 The trustee shall handle trust business himself, but may entrust another person to handle such affairs on his behalf where the trust documents provide otherwise or he has to do so for reasons beyond his control. (来源:英语聊天室 http://chat.EnglishCN.com)
Where the trustee, in accordance with law, entrusts another person to handle trust business on his behalf, he shall bear the responsibility for the acts committed by that person in handling such affairs.
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