华夏银行违规销售风波未平 拿回本金不追究?

Huaxia bank illegal sales storm open back to the principal shall not?

According to the evening news "report," solutions faster than expected, although there is no commitment to the prospective earnings, for over a year now and no interest, but take back the principal is very lucky. "for at least took out 500000 yuan, many even millions of yuan for the investors, huaxia bank illegal sales financial products the latest progress not satisfactory, or at least, also let a person, the heart. However, in their own site illegal sales of products, an accident will push for the "former employee", or let the third party to disclose the ins and outs, even if investors do not make, the bank and the bear much responsibility? The future consumers how to identify the "flying single" products?

【 event 】 "fly single" products lack of risk prevention and control

Yesterday, the latest progress display, in huaxia bank financial turmoil in things investors have take back the principal. But the outbreak of the storm from November 26, 2012 to start, the customer from huaxia bank Shanghai jiading subbranch of a bank to buy "the wealth of investment center (limited partnership) intake plan" initial product maturity, but found that principal and interest are not cash.

This year on January 9,, huaxia bank in conjunction with the relevant enterprise called the presentation. The meeting made clear that the guarantee obligations found, a full takeover of a customer's buying "tripod series" products. "The tripod intake plan" the product is divided into four period, and the final phase of product in March this year, due the fourth stage products are found by the investment company limited by guarantee guarantee.

A reference to the media public investors things about investment process: in November 2011, her through the huaxia bank Shanghai branch jiading branch business manager PuTingTing introduction, buy investment products involved in the tripod with two handles wealth one equity investment plan "of the first period. In order to reassure her hesitate, PuTingTing in bank office told her, jiading branch President JiangLi also bought it. After that, investors can buy the determination.

This period products in November 25, 2011 launch, expected earning 11%, and the time limit for 1 year, trading countries silver asset management co., LTD. As an asset manager, DanBaoFang are found investment guarantee co., LTD. A year in the past, the product maturity. On November 26, PuTingTing its about a hotel, tell her "product had an accident", the actual user of funds has been henan zhengzhou police control. On November 29,, PuTingTing was also Shanghai police criminal detention. The reporter learns, involving investment products there are four period, the scale of 111.9 million yuan, after preliminary statistics, investors have more than 70 people, with investors behind the investor, there may be hundreds of victims.

The reporter understands, the issue of the silver trading countries "tripod intake plan" in fact is a kind of "limited partnership private equity fund, the fund is different from the traditional private equity investment funds, investors subscribe threshold is low, is called investment, loans, and commitment to investors fixed returns; At the same time it is also different from trust products, which have not been trust company's release platform, less a layer of the risk control.

【 dispute 】 the bank will bear much responsibility

After the outbreak of contradiction, huaxia bank Shanghai branch issued announcement, said involving private products not huaxia bank products, not sell goods on a commission basis, belongs to the private bank employees sale behavior, also in the industry is called the "fly single". This statement obviously not satisfactory, will also conflicts intensified --

"I was supposed to buy huaxia bank own products, fill in the list are on the counter, the lobby manager saw me buy 1.1 million yuan line, he said VIP financial room have a higher rate of return products in sales, so I don't fall for it." an investor said.

"According to the general provisions, the bank remittance is limit. 50000 yuan will be authorized manager, we these investors are millions of dollars to collect, the bank may not know how." another victim said.

Another name investors also said that he was in the office in the bank signed purchase products, card is the person of the bank, the bank can help brush last said has nothing to do with?

Investors, according to the compensation agreement, huaxia bank on the spot to the investors put forward, the bank can let them subscribe YiZhi annualised income 6% of internal financial management products, as to their compensation. In fact, this is also a lot of Banks in the financial products appear loss, not to the investors "confessed" of the conventional method. Huaxia bank said, want to buy investors spot can turn money in the past, hope customers continue to put the money in the bank of China.

Some investors said interest, but the majority of investors are not buy, an investor said he no longer believe huaxia bank: "an accident just don't admit that, how can you trust again." the other one investor said, she is ready to turn money to other bank: "I would not dare to buy its financial products. This is when bitten by the dog."

Under the pressure, huaxia bank Shanghai branch President ZhengChao also said: "the Chinese bank will bear the responsibility should be, but need according to certain legal procedures. Huaxia bank head office also said sent two announcement, said the description products not the bank issued or sell goods on a commission basis, the justice department has intervened, the bank will wait for judicial results, shall bear responsibility.

【 alarm 】 annual earnings 8% will alert

So big of fraud, and openly in the bank sales. Not make investors worry, later also can't trust the bank, in the face of some "temptation" high yield product, it can not buy?

To this, a joint-stock bank President when accepting a reporter to interview said that consumers can buy products more leave some mind's eye: "such as if is a bank the product developed by itself, contract both parties for investors and Banks, and will be capped bank official seal; at the same time, the 1 year period bank product development, yield little more than 8%.

In addition, the responsible person, most Banks also can "sell" other investment products, such as sales fund, trust plan, private equity funds. But the bank only for distribution channels, no product income risk. Judge a "sell products" whether really to "sell", and can be accessed by investors "check bank website if there is a notice", "check the bank on the net sale on a commission basis product catalogue" way of identification.

However, the reporter noticed that, although the turmoil huaxia bank corrupting vibrant traditions, but the real in the law to make bank, bear the responsibility is not easy. A long-term work in the financial law lawyer says: "whether for unit behavior, we can see its behavior is in the unit within the scope of business regulations. Only members of the unit in the unit on the matters specified in the implementation of the behavior is unit behavior, it is personal behavior.

And from the criminal law can also see that the legal thinking: "criminal law, the unit crime is to get illegal profits for this unit, the unit collective research decision or the relevant responsible officer decided to implement harm social behavior.

"A lot of people think, as long as the leadership, is also involved in the unit behavior. This is the misunderstanding of the law." the lawyer said, from huaxia bank case look, PuTingTing behavior is not duty behavior, because duty behavior is refers to the unit staff in the responsibility and authority of the implementation of the provisions in the behavior of bootleg products clearly in the duty limits of authority.

To investigate the facts from the current view, huaxia bank jiading branch sales of the investment products in the head office, not submit more not according to program to be reported to the supervision department for examination and approval, and submit. This is the Chinese bank head office has been denied this paragraph four foreign financial product is the reason of the consignment. A source said: "the Chinese in let supervision layer is very angry, and even cause investors to domestic Banks selling financial products don't trust crisis, the incident can also exposed part of the bank internal control management failure factors."