It is said that investment is risky, and decision-making needs to be cautious. When we want to achieve financial preservation and value-added investment, we sometimes seek professionals and entrust them to manage their finances, so as to achieve scientific decision-making and professional investment.
But entrusting professionals to manage money is not foolproof, and the case brought to you today is like this, entrusted financial management, 950,000 lost 740,000, lost so much, can it be recovered?
Beijing Yifa Law FirmLawyer Wang QingLet's take a look.
Zhang Sanjing was introduced to Li Si and orally entrusted Li Si to invest and manage money for him, but the two did not make specific agreements on the investment period, profit distribution, commission ratio, etc. Zhang Sanfen transferred a total of 950,000 yuan of investment funds to Li Si twice. Li Si opened an account on an offshore platform in his own name and used the money to buy foreign exchange and invest**.
During the investment period, Zhang San learned through the chat that he had made all the money for foreign exchange investment, and since then he has not asked about the follow-up investment content and financial details, and Li Si has been responsible for operating this financial account.
In the past two years, Li Si has paid Zhang San many times investment income, totaling 20More than 90,000 yuan. But the good times didn't last long, and Li Si's investment account on the overseas platform was blown up, and there was not a penny left in the account. Excluding the income paid by Li Si in the past two years, Zhang San lost a total of 740,000 yuan. Subsequently, Zhang San sued Li Si to the court, demanding the return of the principal.
After trial, the court held that although Zhang San and Li Si did not sign an agreement, the two parties had constituted a legal relationship of private entrusted financial management. According to the relevant regulations, overseas individuals engaged in foreign exchange trading and other transactions shall go through approval or filing procedures in accordance with the regulations of the State Administration of Foreign Exchange, and Li Si has not obtained the corresponding qualifications in accordance with the law. Sheet.
3. Li Si engaged in foreign exchange investment transactions without approval, which violated national laws and regulations, and the contract between the two parties was invalid.
During the investment period, Zhang San, as an investor, was limited by his own professional knowledge and ability to know too much about the specific details of the investment activities, but he knew the fact of Li Xing's foreign exchange investment, and should have the corresponding duty of care to see whether the trading activities he engaged in complied with national laws and regulations. Zhang San failed to fulfill the corresponding duty of care and should bear certain fault liability
During the period when Li Si provided investment and wealth management services, the investment account was actually controlled by him, and he did not distinguish between his own funds and Zhang San's, nor could he prove the specific circumstances of the investment transaction, and the loss was caused by his operation. Li Si was at fault for the formation of the loss of funds in the account
In the end, the court decided that Zhang San should be liable according to the proportion of 30% and Li Si according to 70%, and Li Si compensated Zhang San for a total of 51 investmentsMore than 80,000 yuan.
Beijing Yifa Law FirmLawyer Wang Qing reminds youUnder normal circumstances, the client entrusts the assets to a professional company or a natural person for financial management, and the proceeds are distributed by both parties in accordance with the agreement, and under the premise that the contract is valid, in principle, the loss of entrusted financial management shall be borne by the client.
The reason why part of the investment funds can be recovered in today's case is that the trustee failed to conduct foreign exchange investment transactions in accordance with laws and regulations, so the court found that the entrusted wealth management contract between the two parties was invalid. Both parties shall be liable according to the actual degree of fault.
Therefore, investment is risky, one is to choose a formal, legal, qualified investment institution or individual for financial management; Second, we should also have a correct understanding of risks, do not be a "hands-off shopkeeper", and invest rationally.
Case**: Shanghai No. 1 Middle Court, Shandong High Court, invasion and deletion.