First, the behavior of entrusting stock trading.
If the other party entrusts its property to you as an agent, it is an act of entrustment. As long as both parties reach an entrustment agreement, they can also trade stocks on their behalf.
Stock trading is to engage in stock trading. The core content of stock trading is to obtain profits through the price difference between buying and selling stocks in the securities market. The rise and fall of stock prices change with the fluctuation of the market. The fluctuation of stock price often shows the characteristics of differentiation, which stems from the concern of funds, and the relationship between them is like the relationship between water and ships. When the water overflows, the boat will be high, (the capital will flood into the stock price and rise), and when the water is exhausted, the boat will be shallow. (A large outflow of funds caused the stock price to fall)
Second, the illegality of borrowing stock trading accounts.
Article 58 of the Securities Law: "No unit or individual may lend its own securities account or borrow other people's securities accounts to engage in securities trading in violation of regulations." Article 195: "Whoever, in violation of the provisions of Article 58 of this Law, lends his own securities account or borrows other people's securities for trading shall be ordered to make corrections, given a warning and may be fined up to 500,000 yuan."
It is illegal to use other people's securities accounts to buy stocks or lend securities accounts. Using other people's securities accounts to trade stocks can easily provide space for manipulating the securities market and hurt the fairness of the market. Article 80 of the Securities Law stipulates that legal persons are prohibited from illegally using other people's accounts to engage in securities trading; Legal persons are prohibited from lending their own or others' securities accounts.
Third, specific personnel cannot buy stocks on their behalf.
Employees are not allowed to manage money on behalf of customers. Generally speaking, legal valet financing belongs to the asset management business of securities companies. According to the law, with the approval of the regulatory authorities, securities companies can handle directional asset management business, collective asset management business and special asset management business for customers. Illegal financial management on behalf of clients is often the behavior of securities company employees who accept clients' entrustment privately and engage in securities investment and financial management without authorization.
The risk of violating "financial management on behalf of customers" is enormous. For investors, at present, securities companies prohibit employees from engaging in illegal financial activities on behalf of customers, take a series of preventive measures, and reveal risks during the telephone call back to investors. In this case, if investors still entrust employees with financial management privately, it is generally recognized as employees' personal behavior. Once investors violate the rules and make losses on behalf of customers, securities companies do not have to bear legal responsibilities, and investors can only claim legal responsibilities from employees.
For securities companies, with the unpredictability of market conditions, the hidden risks brought by employees illegally operating accounts on behalf of customers will gradually emerge. Once the loss of customer accounts operated by employees exceeds the customer's tolerance, it will lead to customer complaints that the business department does not manage the securities firms in place, which may also lead to legal risks.
According to the provisions of Article 43 of the Securities Law of People's Republic of China (PRC), employees of stock exchanges, securities companies, securities registration and settlement institutions, staff of securities supervision and administration institutions, and other personnel prohibited from participating in stock trading by laws and administrative regulations are not allowed to hold, buy or sell stocks directly or under a pseudonym or in the name of others, or accept stocks donated by others during their term of office or within the statutory time limit. The staff of the State Council securities regulatory agencies and their dispatched offices, stock exchanges and futures exchanges, their parents, spouses, children and their spouses are also not allowed to buy or sell stocks. In addition to the above-mentioned personnel, the staff of the party and government organs and individuals or their families who have inside information of listed companies may not help others to stock. Without clear legal provisions, others can't help others in stock trading.
However, when investors entrust others to conduct transactions, if there are problems such as entrusted financial losses and the operator's failure to perform the agreement, these are not protected by law. Moreover, if the operator entrusted by the investor uses the account illegally, it will also have a implicated influence on the investor of the account opening party.