Analysis On "bank Slip" Incident Of A Bank

With the rapid development of economy and increase of people’s wealth, the Shadow Banking system came into being in China. As the key representatives of shadow banking, the Finance and Banking Products is also one of the fastest growing and largest part in it. The Finance and Banking Products is the focus of attention both in financial sector and people’s dinner conversation. But because the Finance and Banking Products got a late start in China, and the market is relatively immature without supporting laws and regulations to keep up, it matters in ways both large and small during the course of financial activities."Bank Slip" incident of a bank analyzed in this article is a very typical case, while it is only one from numerous similar cases. Via probing in the "Bank Slip" Incident, the author provided a number of shallow view."Bank Slip" incident of a bank happened at the end of2012. It is that unwitting customers invested a lot of money to the financial products illegal sold by a internal staff from a bank, Pu, personally, and cannot get paid thus claims arised from disputes. At last this case resolved quietly by mutual consent and ended up by the compensation for the principal without court trials. But to a large extent it is necessary to be analyzed and solved by the applicable law. Combined with case, this paper analyzed three main focuses of dispute, specific as follows:First is the analysis on the nature of Zhongding Series Financial Products. The article based on the introduction of Limited Partnership Private Equity Fund(PE), through the contents of the purchase agreement signed by investors, told that the Zhongding Series Financial Products is PE on the surface, while in fact, it is the illegal fund-raising with illegal purpose covered by Silver are actually trading with legal cover for illicit purposes in the form of illegal fund raising that the Commercial Bank of China Asset Management Co., Ltd. concealed under the guise of a legitimate transaction. Second is to conduct qualitative from the action of the business manager, PU, in this case. Based on the analysis of agents and representatives, the article summarized the relationship between agency by estoppel and duty behavior, confirming Pu’s action is personal behavior. Third is the analysis of whether the a Bank should bear civil liability or not, which is the key points of this thesis. Through the position analysis and reconstruction of investors in commercial activities, the author thinks the investors should follows the "user pays" principle and their legitimate rights and interests should be protected at the same time. In this case, the investors should have to bear the corresponding part of the loss in the vestment for they have been failing in careful investment obligations while buying financial products. At the same time, due to the lack of internal control system and weak supervision, the bank should undertake the responsibility of supplementary compensation. The last part of this paper concluded that in the era of development and prosperity for, Finance Industry, especially when protecting a healthy development of the banking financial products, what should be emphasised on is the rights protection of investors who are in a vulnerable position. Improving the Bank’s internal supervision and filling vacancies in the relevant laws and regulations should be done at the same time to guarantee stable development of the financial industry and make the "shadow" of the Shadow Banking be legal and brightening.