Natural person intermediary
A natural person intermediary agency is not affiliated with any organization, so it should carry out intermediary business in its own name, truthfully report to the client, and independently bear all legal consequences arising from intermediary activities.
1, civil liability
(1) Liability for breach of contract. If a natural person intermediary violates the relevant contents of the intermediary contract signed with a futures company, it shall pay liquidated damages to the futures company or compensate the futures company for the losses caused by its breach of contract.
(2) Tort liability. When a natural person intermediary institution engages in the following illegal acts, it shall bear the tort liability:
(1) If a customer makes a wrong judgment because the natural person intermediary intentionally conceals important facts or makes false statements, and the customer opens an account or trades based on the wrong judgment, the natural person intermediary shall be liable for compensation.
(2) natural person intermediaries (agents, etc.) engaged in other businesses. Simple intermediary business other than) should obtain corresponding qualifications. Those who practice beyond the business scope limited by qualifications and cause losses to customers shall be liable for compensation.
(3) Intermediaries qualified as trading agents, when engaging in futures trading on behalf of customers, violate the principles of honesty, prudence, diligence and serving the interests of customers, and shall bear corresponding liability for compensation.
2. Administrative responsibility
Natural person intermediaries violate the provisions of relevant laws, regulations and rules on their qualification management, regulatory requirements and practice standards. On the premise of meeting the statutory conditions and procedures, the China Securities Regulatory Commission will impose administrative penalties on natural person intermediaries.
3. Criminal responsibility
If the illegal acts of natural person intermediaries have violated the relevant provisions of the criminal law, they shall bear corresponding criminal responsibilities.
Institutional intermediary
The legal liability of agency intermediary can refer to natural person intermediary, but there should be the following differences:
1, civil liability. It is necessary to clarify under what circumstances the violations of the staff of the agency agency can be attributed to the agency, as well as the details of compensation and recovery.
2. In terms of administrative responsibility and criminal responsibility, it should be clear when to take a single punishment (only investigate the responsibility of the institution or staff) and when to take a double punishment (investigate the responsibility of the institution and staff at the same time) according to the nature of the illegal behavior of the agency.