In practice, we often encounter disputes caused by investors' non-performance of contracts, unauthorized authorization by staff of futures companies, and disputes caused by intermediaries authorized by investors. The following combined with the common discretionary behavior, respectively, that investors may face risks.
On investors' full authority to entrust the staff of futures companies to conduct futures trading. According to the regulations, this is prohibited. Futures companies generally stipulate in the contract that investors may not entrust futures companies and their staff to conduct futures trading. However, in practice, it exists to some extent that the staff of futures companies accept the full authorization of investors in private. In order to get commissions and performance rewards and increase income, a few staff members of futures companies actively persuade or cater to the needs of investors in the process of developing customers and providing follow-up services, and accept the full authorization of investors to engage in futures trading for them. Some investors will also seek full authorization for the staff of futures companies to obtain high returns from futures trading.
About entrusting brokers with full authority to conduct futures trading. Intermediary institutions are natural persons or legal persons who provide investors or futures companies with the opportunity to conclude contracts or enter into futures brokerage contracts. The futures company or investor shall pay remuneration to the broker as agreed. In practice, intermediaries are generally paid by futures companies, and the amount of remuneration of intermediaries is positively related to the trading volume of investors after opening an account. Under normal circumstances, intermediaries and investors know each other and are familiar with each other. Some investors blindly trust or even rely on intermediaries and entrust intermediaries to engage in futures trading on their own initiative or under the persuasion of intermediaries. At this time, the relationship between brokers and investors is transformed into an agency relationship. At present, laws and regulations do not prohibit intermediaries from accepting full authorization from investors.
In addition, some investors have full authority to entrust others to conduct futures trading. This kind of behavior is permitted by law. If investors really need to entrust others to conduct futures trading, they should pay attention to the following points: (1) Choose the trustee carefully, and understand the income of the trustee's previous transactions and his personal and moral qualities; (2) sign a written power of attorney with the trustee to determine the agency authority and time limit; (3) Pay attention to personal privacy, and don't give the original ID card, bank card and other documents and the account password of key accounts to the trustee for safekeeping.
In order to gain their own interests, the staff, intermediaries and other trustees of illegal futures companies may take the opportunity to increase the trading volume of investors through "speculation" in daily trading, while paying no attention to the profits and losses of investors, which often causes great losses to investors and infringes on their rights and interests; Some people transfer investors' funds by knocking at the door after accepting the entrustment; Some people have brought great trading losses to investors because of their low level. Therefore, when investors entrust others to conduct futures trading, they shall not entrust the staff of the futures company. For other trustees, they should pay close attention to their trading process, log on to the website of China Futures Margin Monitoring Center in time to inquire about the trading results, and understand the account funds, profits and losses, positions and transactions. Do not turn a blind eye to the trustee's behavior of infringing on his own rights and interests by knocking on funds, maliciously speculating orders, concealing transaction results, etc.