(1) When handling the entrusted affairs, the trustee shall fulfill the necessary duty of care. If an agent causes damage to the principal due to negligence, he shall be liable for compensation.
(2) If the trustee exceeds the entrustment authority and causes losses to the client, the trustee shall be liable for damages.
(3) The establishment of the entrustment relationship is based on the mutual trust between the principal and the trustee, so in principle, the trustee should personally handle the entrusted affairs, but with the consent of the principal, the trustee can also transfer the entrusted affairs to a third party.
(4)*** Liability of the trustee for damages in the same entrustment. * * * The same entrustment means that the indexer accepts the entrustment of the principal at the same time and handles the entrusted affairs for it.
Rights and obligations are always unified. As the principal and the trustee in the entrustment contract, they still need to actually perform their obligations after enjoying the corresponding rights.
1. What are the main risks of entrusted loans?
1, policy risk
When handling entrusted loans, enterprises should pay attention to the fact that social security funds, insurance company premiums, listed formulas and other related enterprises cannot issue entrusted loans. Commercial banks also need to pay attention to whether the use of entrusted loans is in compliance, and whether interest rates and other related contents are in compliance with policies and regulations.
2. Pay attention to customers
According to the regulations, commercial banks cannot accept applications for entrusted loan business from financial asset management companies and loan business institutions; Shall not accept other people's funds entrusted by the principal to issue entrusted loans; It is not allowed to accept credit funds from customer banks, various special funds with specific purposes, other debt funds, and funds that cannot prove the source to issue entrusted loans.
3. Operational risks
When handling entrusted loans, many commercial banks will accidentally carry out some illegal operations, such as: incomplete loan issuance procedures, failure to sign contracts with borrowers designated by the entrusting party, failure to issue loans to borrowers designated by the entrusting party, unauthorized change of loan objects, etc. The recovered loan principal and interest were not transferred to the customer's account in time, resulting in misappropriation of funds.
Legal basis:
civil law
Article 165 If the power of attorney is in written form, it shall specify the name of the agent, the matters to be represented, the authority and the time limit, and shall be signed or sealed by the principal.
Article 166 Where several persons are agents in the same agency, they shall jointly exercise their agency rights with others, unless otherwise agreed by the parties.