Category: Money tips Release Date: 2006-12-20
Wholeheartedly Editor:
I was just entering the market near the investors in April of this year, a consulting firm organized lectures on securities that may be on behalf of clients and to ensure profitable stocks. So I signed with the company's Tianmou the contract. The agreement is signed on behalf of two of us (and stamped with the company's chapter), Capital 15 million, the contract period of 3 months to ensure that 30% of the profits. To the end of July, my account deficit of 6 million. Two I find Tianmou asked, he said that the contract have not agreed to compensate the loss, addition, I think such a good Quotes, the Tianmou concerned only with the main reason for turnover led to a loss. Can I still can not be refunded the principal amount of the loss?
Yinchuan Gu Jia
Gu Jia reader:
Hello! The problem stated by you, not uncommon in the stock market, mostly due to investors, legal awareness, awareness of risk caused by weak. The general situation is, it should be issued by the principal "power of attorney" to the securities business department that has been the principal on behalf of clients to engage in stock trading. If you do not have this "power of attorney" and the sales department to accept the sale of shares at the expense of others interests of their clients, the business department should assume management responsibility; if we have this "power of attorney" should be borne by the principal responsibility. However, stocks in the proxy process, the agent has ultra vires acts, and should be agents of responsibility.
Yan Song a lawyer analysis: agent stocks may agree in writing the return on investment, but only if the return on investment rather than bear the risk of loss, there is unconscionability of the agreement of the Department, that is, not equal rights and obligations of both parties. Acting stocks act as a civil commission agent behavior, according to "Civil Law" the relevant provisions of analysis, if the agent in agency activities in pairs of non-insurance agency business insurance profit loss is actually a kind of obviously unfair act. This may lead to some provisions of the agreement is invalid or agreement null and void, if a loss, it may be the principal disadvantage. Therefore, principal-agent signing of the agreement, the principal and the agent's rights and obligations should be clear and reflect a certain degree of reciprocity.
Agent Zhizuo volume without taking into account gains and losses is not possible, because, according to the agreement, the agent itself may become unprofitable. However, in the following circumstances, the agent Zhizuo volume is possible, that the Department reached an agreement in private with the securities business, securities business department from the sale of shares obtained in the course fees, giving agents a certain incentives or divided. Then an agent would gain a lot of clients allowed to proxy stocks, and the agent will ignore the interests of the inverted nature of the principal class of stock trading, resulting in a loss of principal. This case, if we can find agents and securities business evidence of collusion between the Department, then the agents and securities business department should bear the principal loss. Transaction process, intentionally commissioned accounts among several pairs of doing, right down, if there is conclusive evidence that exists, it can identify it as fraud and the attention of the judicial accountability.
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