Affected by the epidemic, financial management focuses on risk prevention
Recently, people have heard that due to the impact of the new coronary pneumonia epidemic, some of the wealth management products purchased by themselves have been impaired, and the wealth management company cannot pay investors the wealth management income in a timely manner.
At present, there are three main types of wealth management products that are susceptible to the epidemic: investment in trust financing products in real economy industries such as catering, entertainment, tourism, and transportation; investment in wealth management products in the securities market; and disclosure of information purchased through online forms Untimely entrusted wealth management products.
In this regard, investors should improve their professional level of securities investment and risk prevention awareness. Investors should choose professionally qualified financial institutions and formal financial products when investing, and inquire about the operation mode and investment risk of the invested products. Decide whether to invest.
Stop loss in a timely manner after the investment is damaged
Some industries such as catering, entertainment, tourism, transportation, and other investment target companies are temporarily suspended and suspended due to the epidemic, resulting in loss of efficiency. Wealth management companies cannot obtain investment returns to pay investors, and wealth management products may face income redemption The risk of delay or even redemption.
For example, Mr. Wang purchased a wealth management product from a wealth management company, and agreed that the investment funds should be invested in a SPA club, and the income rights generated by part of the equity in the club will be transferred to Mr. Wang. The SPA club will regularly pay the equity proceeds to the wealth management company. After handing over to Mr. Wang. During the new crown pneumonia epidemic, the SPA started to delay construction due to the need for epidemic prevention and control. It did not generate operating income for several months, resulting in a decrease in operating income and the failure to pay entrusted financial management income.
What should an investor do if the enterprise that invests in financial products is affected by the epidemic? In this regard, the judge of Beijing Chaoyang District People's Court Li Linqiang believes that, first of all, investors should pay close attention to project income during the epidemic, and require financial companies to perform information disclosure obligations in accordance with the contract in a timely manner, such as requiring financial companies to report the operation of invested projects in a timely manner The situation, the project affected by the epidemic, the investment strategy adopted during the epidemic, etc .; secondly, after the impact of the epidemic is known, the loss should be stopped in time, such as withdrawing from the investment in time when the contract conditions are met, to minimize the risk; finally, the investment People should communicate and negotiate solutions with financial management companies as much as possible, such as reducing the proportion of income, even losing part of the principal, withdrawing from the investment in advance, and minimizing the impact of the epidemic on all parties.
In addition, due to the transmission effect of the epidemic in the financial market, the securities market fluctuated greatly. Investors and wealth management companies in the early stage of the epidemic were not optimistic about the market's expected trend, and some securities markets were in a downturn; some securities showed a short-term oscillatory upward trend, which is easy to trigger investors and wealth management. The company is too optimistic. Investors and wealth management companies are prone to irrational investments due to inaccurate forecasts.
Every April, listed companies must publish the first quarter operating performance report in accordance with regulations. Affected by the epidemic, except for a few industries, the expected performance of most industries may decline significantly, which may easily lead to market pessimism and cause market volatility.
Chen Xi, a judge of the Chaoyang Court, pointed out that the recent fluctuations in the securities market are more difficult to predict, and some securities products have been greatly affected by the shutdown and production of investment target companies. The uncertainty of the underlying assets of wealth management products has increased, which may easily lead investors and wealth management The company's irrational decision-making has caused damage to investment interests.
Don't blindly believe in guaranteed and interest-guaranteed wealth management products
"Due to the impact of the epidemic, the failure to pay financial gains or loss of earnings, whether it is force majeure that causes the contract to fail to perform according to the contract, depends on the causal relationship between the epidemic and the prevention and control measures and the performance of the entrusted financial contract." Chen Xi said.
The income of wealth management products invested by Ms. Li should have been paid until February 2020. However, wealth management companies stopped paying earnings in August 2019. Ms. Li believed that the wealth management company breached the contract, so she sued the court to ask the wealth management company to bear the liability for breach of contract, but the wealth management company thought that she did not constitute a breach of contract on the grounds that the epidemic was force majeure.
In this case, because the wealth management company stopped paying the proceeds before the epidemic began, it is unlikely that the earnings of the stop payment in August 2019 to the beginning of the epidemic could be caused by the epidemic. The wealth management company cannot be exempted from force majeure based on the force majeure; For the benefits of payment suspension after the start of the epidemic, the financial management company should prove that the payment suspension is indeed affected by the epidemic, otherwise it will not be exempted.
Chen Xi analyzed that if the loss of income is caused by the epidemic or the prevention and control of the epidemic, the financial management company may be exempted within the scope of the epidemic, but the financial management company should promptly perform the obligation of information disclosure and notify the investors of the relevant situation in a timely manner; If failure to perform information disclosure obligations in time leads to an increase in losses, the expanded portion of the losses cannot be exempted. In the performance of the contract, in addition to the impact of the epidemic, the financial management company also has faults. The financial management company is not liable for the part of the profit loss caused by its fault.
The judge reminded that when purchasing financial products issued by institutional investors, they should find a regular financial company to listen to professional advice, ask clearly about the operation mode and investment risks of the invested products, and make a scientific decision whether to invest. Any investment comes with certain risks. Do n’t blindly believe in wealth management products that guarantee capital and interest.
Pay attention to the preservation of evidence for online financial investment
Xiao Zhang saw on the Internet that a company's "Quick Win treasure" wealth management product has a short investment period and high investment income. The product name is an East Asian country's infrastructure reconstruction project. The agreement shows that the principal investment is 5,000 yuan and the agreement period is 7 days. , A fixed daily rate of return of 5%.
As a result, Xiao Zhang successively purchased a total of 10 wealth management products on a company's APP. However, one month later, Xiaozhang found that the APP could no longer log in, and the 50,000 yuan in his real-name authentication account on a company's APP could not be withdrawn. Xiao Zhang sued to the court and asked a company to return the principal and proceeds.
In the lawsuit, because the APP could not log in, Xiao Zhang could not show the original evidence of the APP account screenshot, financial management contract, and successful transaction screenshot, nor could he show the "Quick Win Bao Financial Contract" signed on the APP, so it was difficult to support Xiao Zhang Litigation request.
Affected by the epidemic, offline financial management sales channels are not smooth. However, for investors who want to purchase or have purchased online financial products, how to prevent the investment risks brought by the epidemic?
In response to this, the judge believes that first of all, before making online investment, it is necessary to confirm whether the relevant financial management company has the qualifications to engage in financial management business and whether related products are filed. At the same time, it is necessary to carefully review the project information. Online investment decisions mainly rely on the project information released by the wealth management platform. Investors should also carefully check the product's operation mode, fund use, income payment method, investment risk and guarantee. For unclear products For information, investors should request the platform or financial company to provide detailed instructions in a timely manner to ensure that they understand the project status and investment risks before investing.
Secondly, investors who have purchased wealth management products should pay close attention to the project income during the epidemic, and require the wealth management company to report on the project and the impact of the epidemic in a timely manner according to the contract, and stop the loss according to the impact of the epidemic.
Finally, for financial projects that have been affected by the epidemic, because online financial project contracts are usually signed online without paper contracts, after disputes arise, evidence must be provided to prove the rights and obligations of the parties, so investors should pay attention to the preservation of evidence, such as Download electronic contracts and electronic project reports in a timely manner, and perform notarization if necessary to avoid difficulties in subsequent rights protection.
The judge reminded that when investing in online financial management, investors should understand the information of financial management projects from multiple parties, do not blindly invest, and refuse high-profit temptations. At the same time, they should carefully verify the qualifications, subject identity, and money of the counterparty of the transaction. .
Our reporter Li Wanxiang