论文部分内容阅读
随着近年来信托业的迅速发展,信托融资已成为企业融资的主要途径之一,受到的社会关注也较多。一旦某个信托计划出现兑付风险,往往会立刻成为热点新闻,被媒体大量报道。而代理该信托业务的银行,往往也会被牵涉其中。为此,银行在代理信托业务的过程中,应在事前签订相关协议明确自身角色与法律责任,对项目进行严格法律风险审查;事中督促信托公司履行管理职责;事后督促信托公司积极采取措施化解风险,最大程度地为投资者争取利益,在降低客户投资风险的同时,也降低自身的被诉法律风险以及不良影响扩大带来的声誉风险。
With the rapid development of the trust industry in recent years, trust financing has become one of the major ways for corporate financing, and has received more social attention. Once a trust plan appears to pay the risk, often immediately become hot news, a large number of media coverage. Banks that represent the trust business are often involved. To this end, banks in the process of the trust business, should sign the relevant agreement in advance clear its own role and legal responsibility for the project to conduct a rigorous legal risk review; things urged the trust company to perform its management responsibilities; afterwards urged the trust company to take active measures to resolve Risk, maximize the benefits for investors, while reducing the risk of customer investment, but also reduce the legal risk of their own indications and the adverse impact of the expansion of the reputational risk.