Financial products Legal Reflections.

<P> This year, with the A share index of the lower, with which financial products have been linked to loss news broke, so has a high degree of trust in financial products to investors by surprise, leading to the bank itself and the sale of financial products .means part of the existing legal loopholes in China. .</ P> <P> since September 24, 2005 the China Banking Regulatory Commission promulgated the "Commercial Bank Personal Financial Management Services Interim Measures" and other regulations has been the rapid development of financial products. .According to incomplete statistics, sales of all commercial banks up to 100 kinds of financial products. .</ P> <P> investors to buy no matter what kind of financial products, although there is the external manifestation of product differences, but the legal nature, should be attributed to the trust, that trust law trust management products are .relationship. .</ P> <P> This article aims to reveal the bank from a legal point of view the legal nature of personal financial products and commercial banking products in the personal financial problems and the related legal risks: </ P> <P> a commercial bank .financial business problems </ P> <P> 1, part of the financial product design, unreasonable, illegal </ P> <P> some commercial banks trust blindly into the financial field, without the legal authorization to operate the financial .trust products, its behavior is difficult to get legal protection. .Some commercial banks failed to meet customer interests and the principle of risk-bearing capacity of the adaptive design of financial products, most investors are often based on the confidence of banks to buy financial products, it is difficult for product defects or reasonableness of the right to make professional .judgments. .</ P> <P> 2, product promotion is not completely fulfill their obligations under the risk prompts </ P> <P> "means" twenty-two states that "commercial banks to provide financial planning, investment advisers, investment products and services promotion .should first investigate and understand the client's financial situation, investment experience, investment objectives, as well as the risks associated with cognitive and capacity, assess the suitability of customers to purchase the promoted product, and inform customers about assessments, signed by both parties. "But .The reality is that sales are often only a brief financial products to investors, to avoid talking about the risks of financial products, focusing on talking investors may obtain the benefits. .Bank branches everywhere in the financial product brochure, and its prominent position is usually marked "the number of expected return rate", "no cap" and other enticing words. .Such as "expected return rate of 15% -18%" of the word, it is misleading for the lowest income also reached 15%, but in reality this is often the best rate of return a product. .</ P> <P> In addition, the financial products are often across the banking, trust, securities, insurance and other industries, financial products, investors can not have a comprehensive understanding. .Risk identification has not yet been fully equipped and judge the case, investors to buy financial products is usually in the absence of loss of principal risk to the case of access to certain benefits. .However, financial products are not risk-free bank deposits and government bonds, banks should take to structure complex transactions and the obligation to tell investors the level of risk, so investors in the purchase of the product benefits and a clear understanding of the risk of reciprocity. .Transparency of information to banks and investors are necessary and useful. .</ P> <P> 3, lack of information disclosure </ P> <P> "approach" set out in Article VI, "Commercial Bank Personal Financial Services of statistical indicators, statistical methods, the preparation of the report, and report relevant information and reports .The disclosure, by the China Banking Regulatory Commission shall be stipulated separately. "due to the current laws and regulations in China has yet to make a complete disclosure of the above provisions, investors can only access the site from the bank's products on a regular basis the net, and for specific products .operations, net change that, recently informed of the risk factors that there was no channel. .Some commercial banks beginning in the use of financial resources and are not explicitly disclosed to investors that the investment in what areas, what kind of investment strategy to follow, what the purposes of risk control measures and other important information. .The duration of the financial products, but also not very good to investors timely and accurate changes in the assets, end of period valuation of assets and other important information, which is in fact theft of bank credit to financial products and services to financial products and other fuzzy .the difference between savings products. .</ P> <P> 4, regulatory mechanism problems </ P> <P> "means" fifty-sixth article, "China Banking Regulatory Commission and its agencies can monitor personal financial business development and the actual .necessary, in accordance with the appropriate regulatory authority, organization-related investigation and inspection activities. </ P> <P>.