The agreement on guaranteed rate of return in the financial management contract is invalid. ? First of all, according to the agency system in the General Principles of Civil Law and the relevant provisions of the entrustment contract system in the Contract Law, the principal (the principal) shall bear civil liability for the agency behavior of the agent (the trustee). The agent is only responsible for the losses caused to the client by his own fault. According to the principle of equal rights and responsibilities, he does not need to bear any guarantee responsibility to the client (of course, if he goes against the client's wishes, he will bear the responsibility of breach of trust). If the agent is required to bear the guarantee responsibility for the client and share the benefits with the client, the subordinate agency relationship between the agent and the client will inevitably evolve into an equal cooperative relationship. Moreover, even if it is an equal cooperative relationship, there should be no unilateral guarantee responsibility. Because an equal cooperative relationship can only share interests and risks, one party cannot benefit from capital preservation and the other party bears all risks. Otherwise, it violates the principle of fairness. ? Secondly, according to the provisions of the Notice on Regulating the Entrusted Investment Management Business of Securities Companies, the entrusted investment management contract shall specify the specific entrusted matters, and the trustee shall manage the entrusted investment for the client in the way agreed in the entrusted investment management contract signed with the client, but shall not promise the client the benefits or share the losses. Therefore, even if the entrusted financial management behavior is regarded as a trust system characterized by transferring the ownership of entrusted assets, any form of guarantee clause is not allowed. ? Thirdly, according to the provisions of the Securities Law, brokers can't accept the carte blanche of customers to decide the buying and selling of securities, choose the types of securities, and decide the buying and selling quantity or the buying and selling price; The Securities Law also stipulates that a securities company shall not make a commitment to its clients' securities trading gains or compensate them for their securities trading losses in any way. Obviously, the Securities Law fundamentally denies the legal effect of the guarantee clauses of securities companies from the perspective of maintaining the healthy development of securities companies and securities markets.
Therefore, according to the regulations, the guaranteed income agreement is invalid and there is no claim for compensation. However, if a bank employee signs a guarantee agreement with the buyer knowing that the guarantee agreement is invalid and the buyer suffers losses, he can sue the bank employee.
Two. Matters needing attention in purchasing bank wealth management products
1, bills, bonds and currencies are the real low risks.
Recently, due to strict management, there are fewer bank wealth management products, most of which are sold in bills, bonds and money markets, and the expected yield is low. Although it does not promise capital preservation, it is suitable for most investors.
It should be noted that there is little difference between the expected rate of return and related products from other channels. In the current financial market, what can really be called "risk-free" is actually these three kinds of investments.
2. Carefully choose structured products.
The expected rate of return of structured products is an interval, which is divided into capital preservation type, guaranteed minimum income type and non-capital preservation type. This kind of products often have higher highest expected rate of return, but different lowest expected rate of return.
Structured products have many hooks. Domestic sales are mainly linked to stocks, exchange rates, funds, interest rates, commodities, credit, indexes and their combinations. Try to choose products that you are familiar with, otherwise you may wish to avoid structured products. History has proved that many structured products have the possibility of obtaining only the expected minimum rate of return.
Most structural products are guaranteed, some products are 100% guaranteed, and some are partial guaranteed, such as 95% or 90% guaranteed. If 100% of the principal is guaranteed, the worst case is zero income at maturity, but the principal will not be lost.
3. Don't care too much about the fluctuation of net worth products.
After the supervision of wealth management products becomes stricter, the investment of products is clear, and more and more "funded" wealth management products are distributed according to the net value based on the return on real investment assets. Similar to buying fund products, investors who buy net-worth wealth management products will face more uncertainty, and may not only enjoy higher returns, but also suffer greater losses.
From the perspective of risk and return, this is the biggest fluctuation in bank wealth management products, so the management fee of products is generally linked to performance, which requires investors to be higher. Don't miss Xiao Bai.
4. Read the financial product manual carefully.
It's a good habit to read the product manual when buying anything! The key to wealth management products is risk.
For example, if you want to buy products sold by banks, it depends on whether the contract is clearly written; For example, if you want to buy a product with a capital preservation ratio of 95%, you must see if there is any indication in the contract. If there are rules you don't understand, don't pretend to understand. Ask the salesman in time or ask someone who knows finance at home to accompany you to buy.
Bank financing is tricky, and some products have high handling fees or management fees. When purchasing, you should also consult the salesman's expenses. Be sure to remember that only when you know it clearly can you sign the payment.
5. Remember your risk level.
According to the regulations of the regulatory authorities, products with different risk ratings can only be sold to investors with corresponding ratings or above. Because there is no uniform regulation on the risk level of wealth management products, banks have adopted different symbols for the risk level of wealth management products.
The risk level is generally set according to different factors such as the investment scope, risk-return characteristics and liquidity of wealth management products. Including: cautious products (r 1), stable products (r2), balanced products (r3), enterprising products (r4) and radical products (r5).
R 1 and r2: The investment scope is basically the same, and most of them are financial assets such as interbank market, exchange market bonds, capital lending and trust plans. Generally speaking, r 1 level investment has a high proportion of low-risk parts, and usually has a capital preservation clause, which is our common "guaranteed income" or "guaranteed floating income" products.
R3 level: products of this level can be invested in low-volatility financial products such as bonds and interbank deposits, as well as high-volatility financial products such as stocks, commodities and foreign exchange, and the investment ratio of the latter should not exceed 30% in principle. This level does not guarantee the repayment of the principal, and there is a certain principal risk. The principal guarantee rate of structured products is generally above 90%, and the income fluctuates to some extent.
R4 level: The proportion of products linked to high-volatility financial products such as stocks, gold and foreign exchange can exceed 30%, and the principal is not guaranteed to be repaid. Therefore, the principal risk is large, and the income fluctuates greatly. The investment is easily affected by market fluctuations, changes in policies and regulations and other risk factors, and there is a greater possibility of losses.
R5 level: products of this level can be fully invested in various highly volatile financial products such as stocks, foreign exchange and gold. , and can use derivative transactions, stratification and other leverage amplification means for investment operations. The principal risk is extremely high and the income fluctuates greatly, so the investment is more vulnerable to market fluctuations and changes in policies and regulations, and of course the corresponding expected income will be higher.
6. There is also a simple way to judge whether there is the word "stock" in the product portfolio and whether there is a risk level of at least r3.