| With the growing aging population in China becoming more and more serious,"the number of421" families with substantial growth and endowment of resources gradually scarce, the social pension pressure has become a problem that the society have to face. The reverse mortgage system has many successful experiences in foreign countries for the pension problem, which is regarded as a powerful way to solve this problem. But the promotion process in China has encountered many obstacles,such as people’s traditional ideas and weaker institutions and so on. In order to promote the implementation of the business in the Chinese, people choose the trust company as a business institutions to carry out the reverse mortgage trust business.Trust companies sign the trust contract with the elderly people. The elderly people will be transferred to the trust property company before they live in the pension institutions. Trust companies manage the elderly people’s property with the advantage of dual ownership and property independence of the trust company, and the income of trust will be paid to the pension institutions in order to protect the elderly people’s normal life. But because of people’s traditional ideas, the weaker institutions, and the high risk in the system, our research for this system only stay in the research level, has not yet been put into practice. Through the analysis of the feasibility and the legal relationship of reverse mortgage loans to trust companies, the focus of the research nowadays is research the legal risk and give some reasonable suggestion.This paper contains three parts:The first part is the feasibility of trust companies to carry out the reverse mortgage trust business. Firstly, because of the intense contradictions with the China aging and the aged security system is not perfect in the reverse mortgage cause loan trust market demand expansion. Secondly, with policy support, the reform of the housing system and concept of value changes in three aspects of the change of social environment for trust company to carry out reverse mortgage loan business role. Then the trust company perspective, analysis and design of the trust company development status in the trust industry to carry out reverse mortgage loan advantage and concrete business. Finally, explain the significance of reverse mortgage loan business of the trust company from two angles of economic and social.The second part is the legal risk duriling the trust company carrying out the reverse mortgage loan business. Fristly in the understanding the basic legal relationship between the reverse mortgage trust company and of the elderly, to study the legal risks from two aspects:internal and external. The internal legal risk is derived from the operation of the internal legal relationship of trust, including two stages during and after the establishment of a trust established trust. Because of the reverse mortgage trust also influenced by many external environmental factors in the process of running, so the external legal risk refers to the legal risks from the external legal relationship of trust and influenced by a variety of other factors, including legal risk, policy and law risk and market risks in law.The third part is the legal risk prevention when trust company carrying out reverse mortgage trust business. The trust company will suffer the comprehensive influence of the legal risk from internal and external in the process to carry out reverse mortgage loan trust, therefore the analysis of risk prevention measures must also be present with the trust company’s internal and external legal risk work along both lines, provide feasible suggestions from two aspects of internal and external trust company. Internal risk prevention measures, including perfecting the internal control system of the trust company to improve and implement the information disclosure system, the introduction of public welfare trust supervisor system. While the external risk prevention, including the financial laws, enacted tax preferential policy and the pension service industry support policies, the relevant financial institutions to increase supervision etc. |
