This matter has to start from 20 15.
According to the investment, on 20 15, the old lady Zhou Mouru, accompanied by her neighbor Li Moulu, opened a futures account. As a result, in less than three months, the 30 million positions in the account only lost 450,000. Afterwards, it was discovered that the account was operated privately. Li Moulu was the full-time deputy secretary of the Party Committee, secretary of the Disciplinary Committee and chairman of the Board of Supervisors of Zheshang Securities Co., Ltd. (hereinafter referred to as "Zheshang Securities").
According to Zhou Mouru's account, from 2065438 to April 2005, Li Moulu returned to Shaoxing, described the investment prospect of the securities market to Zhou Mouru, exaggerated the investment income, asked her to open an account for investment, and promised to provide stock information and participate in the issuance and subscription of Zheshang Securities.
Based on Li Moulu's executive status in Zheshang Securities and his relationship with friends and neighbors, Zhou Moru believed Li Moulu's statement. On April 3, 20 15, 15 handled all the account opening procedures quickly according to Li Moulu's requirements. "Without informing and testing the risks, I signed the relevant materials for opening a futures account without knowing it."
Zhou Mouru told Hua Xun to invest, and Li Moulu told her that opening a futures account was only to help her attract funds for hedging business, and there would be no loss. Later, at the request of Li Moulu, Zhou Mouru remitted 30 million yuan to the bank account corresponding to the securities account. Zhou Muru said that she "did not entrust others to buy or sell any securities".
2065438+On June 30, 2005, Li Moulu told Zhou Mouru that his account was out of stock, leaving only over 400,000 yuan of 30 million yuan. On July 3, 20 15, when Zhou Mouru inquired about the account again, he found that the account was only 450,600 yuan, with a loss of 29,549,400 yuan.
Zhou Mouru said that after the incident, she printed the transaction bill and found that "the account was operated privately, resulting in serious losses of account funds".
Zhou Mouru believes that Zheshang Securities and Zheshang Futures violated the Securities Law and other laws and regulations, neglected management and weak supervision, and did not give a risk warning when opening an account, and the password of Zhou Mouru's account was tampered with after opening an account, instructing Li Moulu to market in the name of Zheshang Securities, lacking the bottom line, and defrauding and inducing Zhou Mouru to open an account; Li Moulu violated the rule that securities practitioners are not allowed to operate on behalf of customers, and maliciously modified the customer's password to operate the account without authorization, resulting in huge losses for Zhou Mouru, and the three defendants constituted the same infringement.
As we all know, from 2065438 to mid-June 2005, the Shanghai Composite Index rose sharply and then fell back quickly, and the bull market ended hastily.
In the trial of this case, a new fact was discovered. Hua Xun Investment has learned that both Li Moulu and Zhou Mouru agree that Li Moulu has been operating Zhou Mouru's securities account since 2005, and the passwords for bank-securities transfer and bank regular transfer are the same.
In other words, ten years before 20 15 operated the futures account, Li Moulu had already started to operate Zhou Mouru's securities account.
After the dispute in this case arose, Zhou Ruru filed a lawsuit with the court and later withdrew the lawsuit. In addition, she also reported relevant issues to Zhejiang Securities Regulatory Bureau.
Hua Xun Investment inquired that according to the Decision on Taking Corrective Measures against Zheshang Securities issued by Zhejiang Securities Regulatory Bureau on February 29, 20 16, Zheshang Securities has some problems such as litigation disputes caused by Li Moulu, the former chairman of the board of supervisors of the company, accepting financial management entrusted by customers privately, which reflects that the company's internal control is imperfect and there are risks in its operation and management.
The Hangzhou Intermediate People's Court held in the first instance that the above facts showed that Zhou Mouru knew and recognized Li Moulu's operation of his futures account, so Zhou Mouru complained that his behavior of not entrusting others to conduct any securities trading was inconsistent with the facts.
At the same time, the court held that because Li Moulu changed the trading password again in May 19 without Zhou Moru's consent, objectively Zhou Moru could not immediately understand and control the trading situation of his futures account, and Li Moulu's unauthorized trading after changing the password caused huge losses to Zhou Moru's futures account, infringing on Zhou Moru's property rights and interests, and should bear corresponding civil liabilities according to law. Zhou Mouru did not immediately stop Li Moulu from changing his password without authorization. There were some mistakes and he should bear some consequences himself.
The court verified that the interest in the futures account involved was RMB 20138,400 at the beginning of May, 2065,438, and the investment on that day was RMB 7.85 million. At the end of June 29th, 20 15, the equity was 450,400 yuan and the loss was 27,538,000 yuan. At the discretion of the court, Li Moulu was determined to bear the loss. The court also supported the application for loan interest.
Summary: Hua Xun Investment reminds that it is not advisable to manage wealth on behalf of customers under the temptation of high income.
Securities practitioners are strictly forbidden to borrow family securities accounts for stock trading, and are not allowed to manage money for customers privately, which is the iron law of the brokerage industry. But from time to time, some people "desperate" to touch the industry red line.
The characteristics of financial management on behalf of customers include luring investors to cooperate in remittance by means of discretionary entrustment and profit sharing, or throwing the bait of promising investment income or no investment loss to customers, and luring customers to hand over the operation right of accounts and agree to directly replace them.
For investors, entrusted financial management should also be cautious and raise risk awareness.
Editor: Hua Xun Investment