Everbright Bank Financial products-Yin-yang contract Customer v. Fraud Sales

Reporter Liu Zhendong Beijing reported that the high risk products are not protected in the site described as the lowest risk level, in the pre-sale should be done before the customer risk assessment can not produce evaluation reports, and even the same contract two of the text of the statement on the yield is very different. After the purchase of Everbright Bank, "the same win eighth", investors in Xiamen, Mr. Ye, found a sales process and contract performance during a series of unreasonable phenomena.　　In the case of negotiations, he will be Everbright Bank to the court. According to Mr. Ye, in July 30, 2007, Everbright Bank Xiamen Haicang branch of investment advisor Zhuang Hui, introduced to him a "win eighth" wealth management products, the product period from August 1, 2007 to July 31, 2009. After purchasing this product, Mr. Ye went to Everbright Bank's website for enquiries. Everbright Bank's official website of the introduction and investment advisers said that the risk level of the product is a star, the bank's interpretation of a star is "low risk, principal protection, income stability." Subsequently, in the Landing Everbright Bank Network Banking Inquiries, Mr. Ye also saw the net silver, "with the win eighth" listed in the fixed income of the financial products column.　　He is also more comfortable with this product. However, by September 2009, when Mr. Ye was ready to take out the expired money, Everbright Bank first told the "Win eighth" has been postponed for one year.　　After the redemption on October 10, 2009, the account amount from the initial 200,000, into 143200 yuan, loss of 56800 yuan, loss rate of up to 28.4%. After discovering various problems, Mr. Ye began to communicate with Everbright Bank.　　After many negotiations, Mr. Ye will Everbright Bank Xiamen Haicang Branch to the court, and put forward a few questions, that it is fraudulent sales.　　Question one: false publicity misleading investors although in the product specification, Everbright Bank will "win eighth" as the five-star risk level, but see the website introduction and net Silver Introduction but all expressed as low risk, Mr Ye think is intentional deception. Mr. Ye's acting lawyer Wang, Fujian Oriental Gezhi law firm, said to reporters: "The two sides are now disputing the focus of the" win eighth "is what nature of the product. From the Everbright Bank website definition of this product, this product is a fixed income products, the lowest level of risk products, but Everbright Bank in the printed product specifications, there are described as the highest level of risk of five-star products. The two representations are diametrically opposed to the nature of the product. "The evidence presented to the court shows that according to the No. 5319 Certificate of the Everbright Bank website content, the" eighth "risk rating of a star, publicity time nearly three years.　　Another evidence shows that, in the No. 7195 Certificate of Everbright Bank Personal Network Silver Web page, Everbright Bank will be "win eighth" defined as a fixed income financial products. China Everbright Bank Xiamen Branch of the written reply that our line to the "Win No. eighth" product did not carry out any false publicity. The specific content of the product is written in the product manual, MingTwo points: one is: the scope of investment has a specific hint content: "This plan ... Investing in securities products that are publicly traded on an exchange or have been publicly issued and are about to be publicly licensed, including: A shares, the bonds of the Shanghai and Shenzhen exchanges ... Second, the product description of the product risk rating tips are as follows: "...　　The risk rating of the plan is five-star, high risk, not suitable for conservative and prudent investors to invest. For the content of the website, Everbright Bank Xiamen Branch of the relevant responsible person specifically stated, "with the win eighth" product set up two years later, Everbright Bank portal site revision, in the new revision of the site added a lot of new content, including "financial products ranking" and other promotional columns, when the column on-line, due to operator Misoperation will " The list of the same winning eighth product risk ratings listed in the "Wealth Management product Ranking" is shown as one star.　　This part of the content hangs on time after the customer buys the product for two years.　　However, the official did not answer the question as to why the bank had similar problems on its personal net. "From the objective fact that a bank should not have so many errors at the same time, the site and net silver can make the same mistake?" I think this kind of statement is to shirk responsibility.　　"Wang said.　　Question two: No risk assessment for investors Mr. Ye's 2nd question is that Everbright Bank did not give him a risk assessment, if there is this procedure he will be more careful to think of "win eighth" what is the nature of the product.　　In the "Commercial Bank personal financing business management interim measures", "commercial bank personal finance business Risk Management guideline" and "China Banking Regulatory Commission's office on commercial banks to carry out personal finance business risk Tips Notice", there are a number of provisions: banks to sell financial products to customers to do risk assessment. "Banks do not have the required risk tolerance assessment of Mr. Ye, do not explain the operating market and manner of the relevant investment instruments, in particular, did not disclose the related risks, in fact, intentionally induce Mr Ye to disregard the risk."　　"Wang said. In response, Everbright Bank said in writing, our financial manager and customers on the "Win No. eighth" products to communicate fully, in strict accordance with the headquarters of the sales of financial products standard process, the customer fill in the risk tolerance test questions to score, and according to the corresponding points to choose the customer's risk tolerance, by evaluation,　　The customer's risk attribute is aggressive. When the reporter asked the bank to provide a copy of the risk assessment report, said the person in charge, according to Everbright Bank's internal regulations, in the product sales more than a year later, the bank will be the customer's risk assessment report destroyed, so can not provide. Everbright Bank Xiamen Branch later in a supplementary written reply that in the new financial product sales process, the head office of the Customer Risk tolerance Assessment form, product agreement, counter vouchers clear the classification of custody period, which: the assessment form at least 15 months, the product agreement must be kept at least 3 months after the expiration of the product,　　Confirmed that no saved documents should be registered for uniform destruction. In the supplemental written reply,Everbright Bank in particular, according to the China Banking Regulatory Commission "commercial banks personal financial management interim measures," fifth stipulates: Commercial banks to carry out personal financial services, should establish corresponding risk management system and internal control system, strict implementation of the authorization management system. We need to evaluate the customer risk attributes when purchasing a financial product, and then sign the contract with the customer and obtain the full authorization from the customer, and reconfirm at least once a year.　　However, Everbright Bank failed to provide a confirmation of its verification documents.　　According to Mr Ye's recollection, Everbright Bank not only before the sale of the risk assessment of him, the product has not been in existence for more than two years of risk assessment. Question three: The Wealth management product is the yin-yang contract "let a person to Everbright Bank's credit produce more suspicion is the yin-yang contract, in the redemption formalities, I accidentally got the Everbright bank retained the copy of the contract, in my contract on the margin of the column is blank, and in the bank retained the contract has agreed to express ' Referring to a basket of funds ... ', the written writing is quite sloppy, even the lawyer of Everbright Bank did not pronounce this agreement completely in court.　　Mr. Ye said. Photographs of the customer retention contract sent to reporters by Mr. Ye show that there is a blank line in the product yield, while in the copy of the bank retention contract there is a row of scribbled handwriting in the product yield column.　　According to Wang, the CBRC's relevant provisions clearly require banks to be in the financial products of the Contract Express product benefits. "This is a very typical fraudulent behavior, what is the purpose of the contract of Yin and yang?" If your contract is based on good faith, the contract between the two parties should be the same. The contract of Yin and yang itself indicates that the bank lacks in honesty, whether in behavior or subjective consciousness, the lack of the most basic honesty attitude of Everbright Bank.　　"Wang said. Everbright Bank, Xiamen Branch, said, "with the win eighth" product agreement for the whole line of uniform model, all the purchase of the same customers to win eighth signed a consistent product agreement, is not a yin-yang contract. When the manager of our bank handles the product procedure with the customer, because at that time the network management of customers more, in a hurry failed to press the Headquarters product release process required in the product agreement of the expected return on the column "Imitation Fund, income and investment basket object Performance Hook", after the counter staff in the daily inspection found that the problem,　　And because customers can not come to the counter to fill out the formalities and directly in the bank. Also, when the customer purchased the "Win number eighth" product, fully read the product agreement and product specifications, and the product agreement in the expected rate of return in a column to specify the specific content of this agreement to record the number of product specifications, and the product specification also clearly indicated that the risk rating of the product is five-star, high risk, Not suitable for conservative and prudent investors to invest.　　To this end, the "win eighth" product agreement with the customer does not indicate "imitation fund, income and investment basket marked by the performance of the linked", does not affect customers on the same win eighth product nature of the judgment. Question four: without authorizationExtend the term of the contract "September 2009, when I was about to bring the money forward, Everbright Bank suddenly told me that the product had been postponed for one year to July 31, 2010, if it was to be offered as an advance redemption.　　Mr. Ye said. "The main problem in the performance process is that after the expiry of the contract, without the permission of the parties, only after the announcement on the website, Everbright Bank decided to postpone for one year." In accordance with the contract law, if the contract is to be changed during the performance period, the parties must confirm the agreement to change it. In accordance with the CBRC Regulations, the information bulletin shall be served on the parties themselves.　　"Wang said. Another problem, Wang, is that Everbright bank infringes on consumers ' right to know.　　Everbright Bank failed to provide the relevant provisions of Mr. Ye's monthly asset bill and financial plan after the termination of the relevant investment, income, the details of the report, resulting in it can not be based on the assets of the bill timely detection of the defendant's product presentation error and the actual operating capacity. "Interim measures for the administration of personal financial management of commercial banks" stipulates that, during the lifetime of financial planning, commercial banks shall provide customers with the bills of all relevant assets held by them, and the bill shall set out the changes in assets, income and expenses, and the valuation of final assets. The bill shall be provided not less than two times and provided at least once a month.　　Except as otherwise agreed between the commercial bank and the customer.　　In this regard, Everbright Bank said that the product extension of the situation, has 3 calls to inform Mr Ye, and have call records. But according to Mr Ye, Everbright Bank did not call him.　　After the trial, the bank did not submit the relevant evidence to the court. According to the reporter understand, Xiamen Local Court at the end of April filed, and has two sessions. Mr. Ye said that, on the morning of July 29, he had been informed by the court that the case was a matter of great importance and had been tried by a bench of three judges from a former judge. This reporter will continue to pay attention to the case progress.