China Broadcasting Corporation, Beijing, March 25 (Reporter Sun Ying) It happens that there is an idle fund right now. Maybe you will consider investing in bank wealth management products, but before choosing wealth management products, bank staff will require investors to complete their personal risk capabilities. Evaluation.

  Risk assessment is actually filling out a questionnaire, which includes the proportion of investment and financial management in total assets, household income, and whether it is necessary to protect the capital or like to take risks?

What is the ability to withstand risks?

  Based on the results of this evaluation, the bank analyzes whether the investor is conservative, stable, balanced, or growth-oriented and enterprising, and then recommends suitable investment and wealth management products.

  In daily life, some investors do not judge this questionnaire and select it at will. There are also bank staff who insist on promoting wealth management products that do not match the investor's risk assessment level.

Once the investment is lost, who will bear the responsibility?

The Chaoyang Court of Beijing did an investigation on this.

  In May 2019, Lao Li purchased a wealth management product on the recommendation of the bank's account manager. Later, this product incurred a loss and caused a large financial loss to Lao Li.

Lao Li sued the bank, demanding confirmation that his contract to purchase wealth management products was invalid, and demanding that the bank return all his wealth management capital losses.

  Zhou Jianbin, assistant judge of the Third Civil Division of Beijing Chaoyang Court, said: “Lao Li said that he had informed the account manager before purchasing this wealth management product that he was unwilling to take high risks and wanted to'see stability', so when conducting risk assessment, there was no Pay special attention to the content of the evaluation questionnaire, and select it at will, and finally determine it as'aggressive'. He did not expect that this wealth management product he bought is a high-risk wealth management product, which is only suitable for purchase by'aggressive' investors."

  The bank said that Lao Li had completed the "Investor Risk Test" and signed to confirm when he bought this product, the risk test result was "aggressive".

  Zhou Jianbin said: “The bank submitted evidence, claiming that the corresponding risks have been disclosed to Lao Li, and that the purchase of this type of product is entirely Lao Li’s true intention.”

  How will the court decide?

Li Linqiang, deputy chief of the Third Civil Division of the People’s Court of Beijing’s Chaoyang District, told reporters: “The court concluded that when purchasing the financial products involved in the case, the bank asked Mr. Li to conduct a risk test. The result was an'aggressive' investor. The products involved in the case are in accordance with the risk level. Under the condition that all the subscription materials are signed by Lao Li and the bank has disclosed the relevant risks, the agreement in the contract is legal and effective and binding on Lao Li. The court finally rejected Lao Li in accordance with the law. Li requested the bank to return his investment losses."

  Unlike Lao Li, Lao Zhang is an investor representative who carefully fills out the risk test.

In March 2020, when Lao Zhang went to the bank to deposit his pension, he saw that the bank was selling the fund's product promotion, and immediately asked the account manager whether there was a suitable financial product for him.

  Xiao Yang, Assistant Judge of the Third Civil Division of the People’s Court of Chaoyang District, Beijing, said: “The bank account manager conducted a risk assessment on Lao Zhang on the spot. After Zhang filled out the "Personal Customer Risk Assessment Questionnaire" as required, he was evaluated as'stable'. The customer The manager said that there happened to be an "aggressive" financial product with high returns and low risks, and he persuaded Lao Zhang to buy an "aggressive" financial product."

  Lao Zhang bought the "enterprising type" and did not expect to lose 120,000 yuan in investment.

Lao Zhang filed a lawsuit and demanded compensation from the bank for all financial management losses.

The bank disagrees.

  Xiao Yang said: "After the bank arrived in court, the bank replied that it had verbally informed Lao Zhang that the product was "aggressive" before purchasing the product. Although Lao Zhang tested it as a "stable type", he himself chose an "aggressive" product. , The bank believes that Lao Zhang should bear the investment risks and losses on his own."

  Lao Zhang has no evidence to prove that he was induced by the account manager. Can the court support his claim?

Li Linqiang said: "The court held that the result of the risk assessment test conducted by Zhang for this financial management was'robust'. The bank still recommends the financial products with higher risk levels involved in the case, knowing his risk assessment level. For him, he failed to meet the requirements of the appropriateness obligation, so the court rejected the bank's proposition and ordered the bank to compensate Lao Zhang for his investment losses."

  If you are a professional investor who has purchased a product higher than the risk tolerance, who will bear the loss?

Continue to listen to the reporter's report.

  Xiao Wu is a financial practitioner and a long-term investment bank wealth management product.

The bank conducted a risk assessment on him and assessed him as a "balanced type".

In July 2018, Xiao Wu invested 1 million yuan to subscribe to a "PR5 high-risk" fund wealth management product.

After signing the risk disclosure letter, Xiao Wu successively received a dividend of 60,000 yuan and applied for redemption of all shares in 2020. The amount was about 800,000 yuan. Xiao Wu sued the bank for compensation of 200,000 yuan and interest.

  Zhou Jianbin introduced: "The court noted that the application for this product stated:'This product is not a financial product issued by the Bank....The risks that may arise and the expected investment returns cannot be achieved...Investment risks It's up to you. "The risk level of this product is significantly higher than Xiao Wu's risk tolerance."

  The bank replied that Xiao Wu, as a financial practitioner and long-term investment in bank wealth management, has a higher understanding of wealth management products than ordinary investors. The bank has clearly stated the relevant risks in the risk notice. Now Xiao Wu has chosen the "aggressive type". Wealth management products shall bear the investment risks and losses on their own.

How does the court find it?

  Xiao Yang analyzed: "The "Asset Management Contract" and "Risk Warning Letter" involved in the case are both standard contracts of the bank, which are not enough to serve as proof of full communication between the two parties on the financial products involved in the case, and the bank knows that Xiaowu's purchase of wealth management products is high. Still selling to him despite his risk tolerance, there was a fault, Xiao Wu should bear part of the principal loss."

  Li Linqiang analyzed: "The court also noticed that Xiao Wu, as a financial practitioner and long-term bank financial investment, should be aware of the investment content and risks of the financial project involved in the case. The investment loss in this case was directly caused by market fluctuations, not by the bank. As a result of agency behavior, Xiao Wu should also bear certain responsibility for investment losses. Based on the situation of both parties, the court ruled that the bank should compensate Xiao Wu 80,000 yuan."

  The judge further reminded that all financial products have risks, such as redemption risk, liquidity risk, net worth fluctuation risk and so on.

It is also because there are so many risks, it is even more critical to do a good job of risk assessment.

  Zhou Jianbin said: “As a financial consumer, doing a good job of risk assessment is to do a'physical examination' of your own risk tolerance. You need a pragmatic'introspection' to avoid being overly infringed by financial risks."

  Li Linqiang said: "As a financial institution, a good consumer risk assessment is a prerequisite for recommending customers to purchase wealth management products. Not only that, but risk assessment should be used as the "compass" for product selection to accurately recommend products with appropriate risks. Consumers with risk tolerance can truly realize the "seller's responsibility" and "buyer's responsibility" in the financial market."