1. What is an entrusted financial management contract dispute? (1) What is an entrusted financial management contract dispute? An entrusted financial management contract dispute refers to the agreement between the client and the trustee that the client entrusts its funds, securities and other financial assets to the trustee.

Contractual disputes arising from the trustee's portfolio investment and management activities of stocks, bonds and other financial instruments in securities and other financial markets.

(2) Main features of entrusted financial management dispute cases 1. Judging from the names of the agreements, there are entrusted investments, cooperative operations, partnership operations, loans, etc., but the actual content mostly stipulates terms such as capital guarantee and payment of fixed income.

Although the names used in the agreement are different, the content of the agreement is basically entrusted financial management.

2. From the perspective of the parties signing the agreement, there are agreements signed by the entrusting parties, and there are agreements signed by the entrusting parties plus the supervisor or guarantor.

Clients include legal persons and natural persons; trustees include private financial institutions such as natural persons, general limited companies, various investment management companies, investment consulting companies, private equity funds, etc., as well as financial institutions such as securities companies.

, trust investment companies, futures companies, commercial banks, etc.

(3) In its second seminar on the drafting of judicial interpretations of the "Several Provisions on the Trial of Disputes over Entrusted Financial Management Contracts in the Financial Market" convened by the Supreme Court, for such disputes, based on the rights and obligations of the parties in the contract,

Agreements are divided into four types: 1. Any agreement that the principal and interest are guaranteed, and the excess belongs to the trustee, is no different from private lending, and should be recognized as a loan dispute; 2. Any agreement that the principal will directly deliver the funds to the trustee

, if the trustee conducts investment management in his own name, it should be regarded as a trust contract dispute; 3. Any agreement that the client opens a capital account and stock account by himself and entrusts the trustee to carry out investment management should be regarded as a trust contract dispute.

Disputes over entrustment contracts; 4. Any agreement that both parties agree to contribute capital equally, share benefits, and bear risks should be deemed a partnership contract dispute.

2. Definition of the validity of entrusted financial management contracts The "Contract Law" stipulates that a contract established in accordance with the law shall take effect from the time of establishment.

If laws and administrative regulations stipulate that approval, registration and other procedures must be completed to take effect, such provisions shall apply.

The judicial interpretation of the Contract Law issued by the Supreme Court stipulates that the validity of a contract should be based on laws and administrative regulations. The promulgating authority of laws is the National People's Congress and its Standing Committee, and the promulgating authority of administrative regulations is the State Council.

At present, for entrusted financial management, there are only the Securities Law and some regulations and documents of the China Securities Regulatory Commission.

The Securities Law does not stipulate the entities entrusting financial management.

Therefore, as long as the contract signed by the entrusting parties does not exist in the circumstances that invalidate the contract as stipulated in Article 52 of the Contract Law, the entrusted financial management contract should be recognized as a valid contract.

At the same time, since the minimum guarantee clause in the entrusted financial management contract is invalid, Article 56 of the Contract Law should be used to stipulate that "if part of the contract is invalid and does not affect the validity of other parts, the other parts shall remain valid."

Therefore, when determining the validity of the entrusted financial management contract, except for the invalid guarantee clause, other parts of the contract are still valid.