Category: Money Tips Date: 2006-12-10
Q: Last year in August, I have an advisory body with Shandong Shanghai Branch (hereinafter referred to as branches) signed a value of 20,000 yuan for the "new 100 members of" service agreement. Since the received stock information provided by the company after the purchase of the recommended stocks began to decline. So in mid-November last year, I proposed that the application out of service, branch committed to a full refund of service charges and signed a refund application and agreement, close the service. In January of this year, the company due to the SFC to investigate, not according to the normal time for a refund, and once again pledged to April 7, 2006 for cash refunds. March 29, I called the headquarters to the customer service center in Shandong, but was told to deduct 20% service charge, and to a corresponding service charge management fees, but also claimed that the previous branch's commitment is invalid. For this, I am very angry, how can I protect their own interests? Do have a legal basis?
Volunteer corps of experts: Since the Shanghai branch on behalf of its corporate headquarters in Shanghai, foreign operations, you have reason to believe that Shanghai Branch of Shandong based distribution rights. Therefore, under the "Contract Law" the relevant provisions of the Shanghai branch with you sign the agreement constitutes a refund Apparent, agents act effectively, the Shanghai branch with your refund agreement signed in Shandong headquarters binding. To do this, you are entitled to the relevant departments and agencies of the complaint, but also directly to the people's court in order to protect your legal rights.
Q: We are a brokerage client's personal debt last year, the brokerage has been managed, the liquidation group of people told us that because of our national debt had been illegally diverted to the broker, so asked us to do the registration of claims, but also tells us that the principal part of more than 100,000 yuan should be discounted. In this regard, we very much do not understand, we buy the bonds, why the violation occurred in the brokerage, not only to erase the national debt interest, but the principal should be discounted. When we asked and the liquidation team of staff, the other side says we have the agent through the brokerage accounts, and also signed a letter of commitment. Indeed, we open an account at the brokerage agency, had to sign off a letter of commitment, commitment to read "a guarantee that if bonds are not sold within a year, will be exempt from 40 yuan when they open an account setup fee, and in the future, when the sale of treasury bonds , the resulting costs are exempt procedures. If within a year to sell those bonds, refund the original account opening fee exemption. " The so-called letter of commitment on this, and do not have the brokerage and its agents of any signature, seal, the content has been published at the time of the evening before, we have a lot of people on numerous occasions during the year to sell bonds to buy Jin, nor subject to any restrictions. I would like to know the signing of this letter of commitment with my principal discounts how much relations?
Volunteer corps of experts: According to your statement, I think you are so-called "discount", which should be referred to as "the acquisition of personal debt problems." In this regard, in November 2004, the PBC, Ministry of Finance, China Banking Regulatory Commission, China Securities Regulatory Commission have jointly developed a "personal debt and customer views on securities transactions settlement funds to purchase" (hereinafter referred to as "Opinion").
First, according to "opinions", a "misappropriation of entrusted property (including trusts, the same below) to form the individual claims of financial institutions included in the scope of purchase," so you have been illegally diverted to the broker bonds formed by claims that belong to the acquisition range.
Secondly, according to the "opinions" of the acquisition criteria: "(a) the same person (ie the same ID number of the individual, the same below) the amount of accumulated debt of 10 million (including a 10 million) within the yuan, to be in full acquisition of . (b) the same total amount of individual claims 10 million (not including 100,000 yuan) yuan or more parts, according to Jiuzhe buy. "So you say" discount "is indeed justified.
Again, according to the "opinions" rule, you as a "personal creditors can choose to accept purchase, in accordance with the implementation of the present observations; can also choose to participate in any disposition of the final liquidation of financial institutions, and signed confirmation of participation in the liquidation, if the final liquidation of the debt service payment less than the purchase amount, without compensation. "So, whether to accept the acquisition depends entirely on your personal wishes.
Finally, I suggest you first find out your debt really is diverted brokerage, which is need to see clear evidence to confirm. If that is diverted, you can follow the "opinions" and "individual claims and customer securities transactions settlement funds to purchase the implementation of measures" handle relevant procedures.
