However, I think the probability of this happening is almost zero. Why do you say that? Let's look at the difference between deposit and financial management:
First of all, the purchase of wealth management requires "double recording", while deposits do not need double recording. According to the regulations of the banking supervision department, the purchase of wealth management must go through the process of audio and video recording. Therefore, if deposits become wealth management, customers have no reason to cooperate with audio and video recording.
Finally, the purchase of wealth management must carry out risk assessment, while deposits do not. All customers must assess their risk tolerance before purchasing wealth management, and there is no such procedure for deposits. If a bank buys wealth management for its customers without their knowledge, its risk assessment is bound to be fraudulent.
From the above procedure, we can know that if a bank wants to turn customers' deposits into wealth management without authorization, it needs to make fraud in at least three aspects, and because these frauds are well documented, it can be said that banks are "stupid" to do so! -Is it necessary for banks to do this?
Therefore, if a customer says this, there is a high probability that the customer's deposit has been fooled to buy wealth management. But the difference is that although both of them have harmed the interests of customers, the legal liabilities of "banks changing customers' deposits into wealth management without authorization" and "fooling customers into agreeing to change deposits into wealth management" are completely different.
I am an empty valley cold pool, sharing my views with you.
You didn't tell me how the bank turned deposits into wealth management. I'm a little vague. Did the bank turn deposits into wealth management in front of customers, or did the bank turn deposits into wealth management after customers left?
Either way, I think I'm really not good at this operation and I haven't mastered it. In front of customers, turning deposits into wealth management is to fool customers into buying wealth management. However, if so, how did the bank do it?
Deposit procedures are different from selling wealth management, even the location is different. In our bank, there is a special studio selling wealth management, which can't be put together with the counter deposit, because we have to write an agreement to buy wealth management, and we have to do a risk questionnaire survey to see if the customer has the risk tolerance, and decide whether to sell or not according to the risk tolerance.
With so many different places, can customers still say that they know nothing? If you really don't know, you will be confused. Not only that, but also double recording, that is, audio and video recording, for what purpose, in order to confirm whether this financial management is compulsory or voluntary.
If the bank turns the deposit that has been deposited into wealth management after the customer leaves, then the bank is really powerful. The deposit account has been generated and the customer has taken the receipt. Banks have adjusted their deposits into wealth management, which is impossible in any case. If the bank could do this, the regulatory authorities would have closed it long ago.
Changing deposits into financial management, especially insurance financial management, is a serious violation of the regulatory provisions of the regulatory authorities, which is a "zero tolerance" behavior of the regulatory authorities and infringes on the legitimate rights and interests of depositors, which is illegal!
Is the bank "unauthorized" to change deposits into wealth management out of knowledge or ignorance? Is it suspected of fraud? Fraud is illegal and criminal!
Once it is changed without the knowledge of depositors, it will lead to "flying orders" of wealth management products, which is a fraud and illegal act, and banks and related sales personnel have unshirkable responsibilities.
There is still an essential gap between deposit and financial management. Although the expected yield of wealth management products is higher than the interest rate of time deposits, the security of deposits is guaranteed. Financial management does not allow rigid payment, and investment is risky. The two cannot be confused.
Especially for groups with weak anti-risk ability, deposits become wealth management, which risks the loss of principal and infringes on users' right to know.
If the deposit is changed to wealth management or insurance wealth management without authorization, the depositor must fight for his legitimate rights and interests. Banks have not fulfilled their obligation to inform, and depositors should not submit to humiliation.
In this case, we should look for banking theory, strive to return the principal and avoid risks. If the agreement fails, you can complain to the local regulatory authorities, and the regulatory authorities have corresponding severe punishment measures for misleading sales of banks.
At the same time, it is suggested that depositors should keep their eyes open when handling deposit business, and don't ignore the risk of financial management because of the temptation of high interest rates.
The friend of the questioner actually had the answer before asking the question. I think I just want a positive answer from everyone here.
Because the questioner used the words "unauthorized" and "unauthorized" in the title. Seeing these two words, even people who don't know anything will say that it is illegal for banks to do so.
That's true. There are only two ways for banks to transfer depositors' deposits. First of all, they are authorized with the consent of depositors. Second, after the court and other departments decided to freeze.
Courts and other departments will not authorize banks to use depositors' deposits to purchase wealth management products. Banks want to use depositors' money to buy wealth management products, only with the consent of depositors, so it is definitely illegal to change deposits into wealth management without the consent of depositors.
But in reality, the number of wealth management products purchased by banks without the consent of depositors is close to zero. More often, when depositors go to the bank counter to handle business, they are fooled into turning deposits into wealth management products. In this process, banks are authorized by depositors.
Later, depositors found themselves being "managed", but the business was handled directly at the counter, and the bank had its own signature and handprint, so it was very difficult to protect rights.
All the cases we saw in the news were solved after exposure. There are still many people around us who have not solved it or quit at a loss.
To prevent your savings from becoming wealth management products, you must keep your eyes open and read it twice before signing and pressing your fingerprints. After handling the business, it depends on whether you get a deposit certificate or something else. Be careful! ! !
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This matter can be big or small. Big words are fraud, small words are misleading depositors.
According to the China Banking Counter Service Standard issued by the Banking Association in 2009, individual account managers of banks should do a good job in the sales of wealth management products in accordance with the relevant regulations of the regulatory authorities, and be honest, professional, rigorous and thoughtful.
When selling funds, wealth management products and insurance products, we should do a good job in customer risk assessment and fully reveal the risks. It is strictly forbidden to mislead customers and exaggerate the product yield.
Anyway, to buy wealth management products, you must sign a wealth management product purchase agreement. It doesn't take effect until it is signed.
Including our deposit, the bank gave us a deposit receipt. Will the receipt clearly indicate whether it is a deposit or not? What is the interest rate? A lot of information, such as the start and end time of deposits.
If we choose a deposit slip, there will be more details on the deposit slip.
If you buy a bank wealth management product, the contents of the receipt given to us are completely different. We can tell it clearly just by looking at the product name. If we refuse to sign, the purchased products will be invalid and the bank teller will be embarrassed.
We can even complain to their branches or even the head office, or to the People's Bank of China. If the bank outlets also cause complaints and the verification is true, the bonuses of the relevant personnel will be gone. To tell the truth, selling a wealth management product can't make much money. There is no need for bankers to joke about bonuses.
If it is bank insurance, we will have a hesitation period of 15 days, during which we can get a full refund. The content of the policy is also very clear, and the difference from the deposit is still very big.
So, all we have to do is show the cashier that we want to make our own deposit. The relevant tellers will not turn us into financial management or insurance. If you cause complaints, you really lose your job. The salary is not low. Do you want to resign for a few hundred dollars?
I think this operation is unrealistic. If the deposit is really changed into a wealth management product, the bank is indeed illegal. But there is no need for banks to take this risk to operate illegally.
Because the deposit cost of bank time deposit products is obviously lower than that of wealth management products, the performance of many bank outlets at the end of the year focuses on the growth of annual deposit tasks, and from the perspective of interest income, the income created by time deposits is higher than that of wealth management products.
Many banks put time deposits in the first place when selling products to customers, and wealth management products are only a supplement to deposit products, in order to attract some customers who have a preference for risk and return.
Therefore, from the perspective of motivation, it is not necessary for banks to risk illegal operations and complaints from customers, and change their deposits into wealth management products.
1. Before purchasing wealth management products, the customer's real-name registration system, risk assessment and contract signing are required.
The requirement of a real-name registration system will completely break this possibility.
Banks can't conduct risk assessment on behalf of customers and can't sign contracts in the system.
Second, the purchase of wealth management products needs to be deducted from the customer account.
Bank wealth management products have a collection period, after which the principal and interest will be automatically collected into the contracted account.
If a bank wants to change a customer's deposit into wealth management, it needs to deduct the wealth management funds from the customer's account, need the customer's ID card and the original bank card, and enter the account password. It is obviously impossible without the customer's consent.
Third, the financial purchase stage requires counter authorization.
Authorization to handle wealth management business involves the requirements of real-name registration system. Even if you buy through mobile banking, you need the user name, login password, transaction password and dynamic verification password of the customer's mobile banking. With so many passwords protecting customer accounts, banks have no authority to operate.
Another point is that the purchase of wealth management products needs to sign more paper agreements, such as risk assessment, product agreement, risk disclosure and so on. These materials are used as customer vouchers and kept permanently as files.
Once the customer disagrees with this, it is illegal to sign by handwriting identification when applying for access to files, and the counterfeiter must bear legal responsibility.
Therefore, no matter from the profitability, operational risk or legal risk, it is unnecessary and impossible for banks to turn customers' deposits into wealth management products.
When answering Jianghu questions, we should pay attention to one thing: first ask whether it is true, and then ask why.
First of all, I agree with most interviewees that banks don't have to risk being hit by the CBRC and turn your savings into wealth management without authorization. It should be that the bank fooled you at the counter with high interest rates.
Then talk about legal risks. Without an agreement, we will buy wealth management from depositors without authorization, that is, steal customers' funds. This is illegal, and banks should bear the responsibility! Depositors can sue and complain to the CBRC through the local court, which is enough for outlets and counters to drink hundreds of pots.
Finally, talk about why banks should encourage depositors to buy wealth management products. Instead of encouraging depositors to deposit time deposits?
In a sense, wealth management products can be said to be the product of realizing the marketization of deposit interest rates in disguise.
The starting point of wealth management products is higher than ordinary deposits (50,000), and the term can be long or short. The annualized rate of return is expected to be 4-6, which is higher than the deposit interest rate in the same period.
However, the fluctuation range of deposit interest rate is very limited. The upper limit is the benchmark interest rate floating 10%. Small and medium-sized banks have all reached the top, and there is no gap. Depositors generally choose deposit banks according to their habits (such as salary cards, nearest outlets, etc.). ).
When marketing wealth management products, it will emphasize flexible term and high yield, and relatively seldom mention yield and interest rate, so as to attract customers to open bank accounts in this bank and facilitate wealth management.
When funds arrive, they usually float off the balance sheet as wealth management funds. Before the end of the season and other important points, banks will design a good time to issue wealth management products, making it a collection period or redemption period, and this fund will temporarily become a deposit, beautifying the deposit data. After all, the major branches of the bank take how many deposits they have pulled as the assessment target.
Small and medium-sized banks do wealth management, the purpose is not to turn their time deposit customers into wealth management customers, but to attract time deposit customers and wealth management customers from other banks.
Big banks also do wealth management, which can prevent the loss of customers. Why do customers bother to find other banks when the yield difference is not too big?
It is illegal to convert deposits into wealth management without the consent of customers. The problem is that banks need to record sales and financial management, that is, to record and video the conversations with customers in the process of sales and financial management. You said that the bank did not have the consent of the depositors, and the bank may not admit it.
If you have seen the movie The Death Penalty, you should have an impression of the following scene. The female bank staff encouraged an old lady to buy high-risk wealth management in disguise, and finally lost a lot of money.
There was a recording during the sales of the female staff in this bank. If the old lady has any questions, the female staff of the bank will turn off the recording phone, explain and then re-record.
In the actual sales process, regulators do require banks to record the sales process. In the process of answering, customers can only answer "clearly" like the old lady in the movie. All other answers meet the requirements and need to be re-filed, otherwise it may be suspected of illegal sales.
The reason why regulators require banks in this way is to protect investors, so that investors can fully understand financial management before buying and avoid being fooled by banks.
On the other hand, it is also protecting banks from reasonable risks in financial management. Customers also came to the bank to make trouble, saying that they didn't understand the products before and didn't realize the risks. There are audio and video recordings to prove that he knows that the bank can protect itself.
The problem facing the subject now is that you said that the bank did not have your consent. If the bank made audio and video at that time, how do you explain it? Of course, if the bank doesn't have audio and video at all, you can complain or sue.
Nowadays, bank financing and deposits are actually quite easy to distinguish. If you really feel that the two products can't be separated, then use the following methods to avoid them.
Any behavior against the will of investors is deceptive and definitely illegal, including the act of turning deposits into financial management without the consent of depositors.
There are clear provisions on the legal basis. As we all know, the Regulations on Savings Management is a professional law aimed at protecting the rights and interests of depositors. Promulgated by the highest administrative organ and implemented by the People's Bank of China. One of its core principles is "freedom to withdraw deposits voluntarily". Obviously, the behavior of not depositing according to the wishes of depositors is a direct violation of the Regulations on Savings Management, and the behavior of banks is illegal.
Secondly, from 2065438 to September 26th, 2008, China Banking Regulatory Commission promulgated and implemented the Measures for the Supervision and Administration of Financial Management of Commercial Banks, which is referred to as the new financial management regulations, and clearly pointed out that commercial banks should be honest and trustworthy and diligent in performing their financial management duties entrusted by others. Banks have changed their deposits into wealth management, at least they have not fulfilled their obligations of honesty, trustworthiness and diligence. So the bank's behavior is at least illegal, and the transaction itself is invalid. If depositors suffer losses due to wealth management business, banks have the responsibility and obligation to fully compensate or return them. At the same time, relevant banks and relevant staff should also be subject to corresponding regulatory penalties for violations.
Recently, many people may know the case of China Construction Bank fully compensating the fund losses. In June of 20 15, I bought 966,000 yuan from the branch of China Construction Bank in China. When I redeemed it on 20 18, the principal lost 576,500 yuan, leaving only 389,500 yuan. In a rage, he took China Construction Bank to court. As a result, the court finally ruled that CCB fully compensated the principal loss of 576,500 yuan and paid interest at the regular interest rate for the same period. The loss of CCB shocked the whole financial community for a time. One focus of this case is that the bank assessed the risk of Wang Xiang as a prudent investor, but the trial found that the risk level of the fund did not match, which led to the loss of CCB.
There are only two situations in the case of changing deposits into financial management. One is to change deposits into bank wealth management products, but it is not realistic, because there are many differences between purchasing wealth management products and deposit procedures, not only risk assessment, but also depositors filling in risk tips and signing procedures. With so many procedures, it's a little unreasonable not to know.
The most common thing is to mislead deposits into bank insurance products, that is, agency insurance. Because there are many similarities in appearance between bancassurance products and deposits, such as fixed term, initial deposit amount, so-called interest rate (actual expected rate of return) and so on. Coupled with the clever words of the sales staff, it is easy for depositors to get on board.
However, no matter how the bank changes, the key for depositors to get full compensation is to provide sufficient evidence and be accepted by the courts and regulatory agencies. If the evidence is insufficient or flawed, it is difficult to bring down the bank.
(1) advertising stage
Model text of bank wealth management products;
Publicity materials should reveal product risks in popular and eye-catching words, and must contain similar expressions such as "wealth management products are obviously different from deposits and have certain risks".
The contents copied by customers shall be marked in the agreement, product manual, product suitability evaluation form and other documents, which shall be copied by customers themselves, and shall not be copied less, omitted or copied by others.
(2) find customers.
Should not take the initiative to introduce, if you take the initiative to understand, you should confirm in writing.
Guidelines on risk management of personal finance business of commercial banks;
Article 23 For investment products with high market risk, especially those related to derivatives trading, commercial banks shall not actively promote or sell them to customers who have no relevant trading experience or are not suitable for buying the products after evaluation. When customers actively ask for information or purchase related products, commercial banks should explain the basic knowledge of investment risks and risk management of products to customers, and confirm in writing that customers actively ask for information and purchase products.
(3) Before signing the contract, a risk assessment stage is needed.
Guidelines for Risk Management of Personal Finance Business of Commercial Banks
Article 22 When providing financial planning, investment consultancy and investment product recommendation services to customers, commercial banks should first investigate and understand their financial status, investment experience, investment purpose, and their awareness and tolerance of related risks, evaluate whether customers are suitable to buy recommended products, and inform them of relevant evaluation opinions, which shall be signed by both parties.
(4) when signing the contract
Risk warning
Guidelines for Risk Management of Personal Finance Business of Commercial Banks
Article 30 When providing personal financial advisory services, commercial banks should give risk tips to customers. Risk warning should be designed with customer confirmation column and signature column. The customer confirmation column should contain the following statement, and require the customer to copy and sign: "I have read the above risk warning, fully understand and clearly know the risks of this product, and am willing to bear the relevant risks."
Full video recording
Measures for the Administration of Suitability of Securities and Futures Investors
Twenty-fifth operating institutions through business outlets to ordinary investors to inform, warning the provisions of Article twelfth, twentieth, twenty-first and twenty-third, it should be the whole audio or video recording; If it is conducted by off-site means such as the Internet, the operating institution shall improve the matching marking arrangement, and ordinary investors shall confirm it by electronic means that meet the requirements of laws and administrative regulations.