Where is the responsibility for the accident of the bank consignment trust?

In fact, if according to the contract, the bank hardly needs to bear the responsibility when selling or selling products on a commission basis, and the trust company's responsibility is limited.

Because according to the Measures for the Administration of Trust Plans of Trust Companies' Collective Funds issued by the CBRC, the risks arising from the trust companies' management of trust property according to the trust plan documents shall be borne by the trust property; The losses caused by the trust company's violation of the trust plan documents and improper handling of the trust shall be compensated by the trust company with its inherent property. Insufficient compensation shall be borne by investors.

According to the "Measures", banks have no responsibility when there is a risk in the trust. Like consignment funds and insurance, banks only serve as a sales platform to recommend qualified customers to product issuers, and will not be responsible for the income and operation of their consignment products. This is the usual practice.

As for whether the trust company should bear the responsibility, it depends on whether the trust company has violated the trust plan document and handled it improperly.

Of course, in the process of trust sales, if the bank misleads and leads to investment losses, then investors can make the bank bear certain compensation according to the degree of losses. The premise is that there is evidence to prove that there is indeed misleading sales. For example, there are loopholes in the publicity materials at the beginning, or the sales staff make mistakes in sales, but they also rely on recorded evidence.

If the bank has fulfilled the obligation of notification and the responsibility of risk warning in advance (that is, the fault of the bank can not be found), it will be determined according to the trust contract in the end.

However, it is worth noting that the CBRC has issued a document stipulating that trust companies should not promise that trust property will not suffer losses or guarantee minimum income, which is often the last shield of trust companies.

For investors, the best way is to practice "basic skills" hard before buying trust products, investigate the "traps" of trust products, and improve the ability to judge and identify the risks of trust products.