On Merger and Split of the Trust:a Comparative Perspective

The merger and split of a trust belong to the category of trust variation. With the effects of reducing management cost, enhancing management benefit and realizing scale economic benefits, they have been widely applied to foreign-related civil and commercial trust. Since the merger and split always concern the interests of beneficiary, trust creditor and other interested parties, in comparative law its notification and challenge procedures are always stipulated according to the rules of company merger and dismantlement. Chapter Five of China's Trust Law has not included the general provisions on trust variation let alone the regulations on its merger and split based on that, which should be perfected in the future in order to meet the demands of trust efficiency.