| In recent years, as China's rapid economic development and the rapid accumulation of personal wealth and financial products, constant innovation, and my bank endless variety of personal finance products. The so-called bank personal finance products, is carried out by commercial banks, one of personal financial services, similar to the capital trust schemes, investment funds, commercial banks by selling personal financial products to their customers, will raise the financial resources for investment, the gains ( including losses) in accordance with the agreed allocation between the banks and their customers. Bank Personal Financial Products business, as China's commercial banks to a new intermediary business has become an important new commercial bank profit growth point to a certain extent the promotion of financial innovation of our business and financial market development. However, the banks should not be overlooked in developing the business faces many risks, legal risk is a major bottleneck constraining their development.Bank of the legal risks of personal finance products mainly include: market access, legal risks; promotion and sales process of the legal risks; bank charges, legal compliance risks; innovation of the legal risks; risk of prompt legal risk. It has the following main features: the generality of the contents of the contract, the contract agreement are mostly unknown; transaction the subject of virtual sex, the personal finance area of investment funds and investment target virtual sex stronger investment risk is relatively large; the uncertainty of the legal structure, laws and regulations is not explicitly the nature of personal finance products, as well as the legal relations between subjects. The causes of legal risks are: the relevant financial laws and regulations are not sound enough; the financial sub-sector system, difficult to adapt to financial innovation to product development; bank's internal risk control mechanisms are inadequate laws; bank personal finance products, lack of information disclosure and risk not enough Tips and exaggerated the products are expected to yield to mislead or deceive investors.Personal finance products for the Bank of the legal risks, this article from the legislative branch, the financial regulatory authorities, the banks come up with preventive measures in three areas. Firstly, the legislative branch need to strengthen the coordination of legislation; a clear personal finance in commercial banks "personal" concept; clear personal bank wealth management products the nature of legal relations; improve the personal financial product information disclosure system. Second, the financial regulatory departments should accelerate the reform of financial supervision and financial regulation to change the way commercial banks with market mechanism to control the personal financial products business; better banking personal finance products, the regulatory acts of false propaganda; to reform the financial sector sub-sector management system to allow the banking sector mixed operation. Lastly, the bank should develop and improve the personal financial products business legal risk control systems and operational rules and regulations, strengthen the internal control system construction; conscientiously fulfill the personal finance market access for products business procedures, adhere to the principle of prudence management, strengthen personal financial product innovation in the process of compliance operations, carefully guarding against personal finance products in the course of business and legal risk. Only the legislative branch, the financial regulators, banks and other relevant parties attach great importance to personal finance products, legal preparedness, coordinated in order to effectively prevent and control the legal risks of personal finance products.
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