Relevant laws and regulations such as the Securities Law and the Regulations on the Supervision and Administration of Securities Companies clearly stipulate the obligations and professional standards that consulting institutions and consultants must perform in the process of conducting securities and futures investment consulting business. However, there are still many criminals who pretend to be formal investment consulting agencies, fictitious professional financial management clerks, and use the bait to provide accurate investment consulting advice and help investors to obtain ultra-high investment returns, defraud investors' trust, and implement illegal securities investment consulting. and other activities.
Wang, the legal representative of an investment management company in Shanghai, knowing that the company does not have the qualification to engage in securities investment consulting business, without the approval of the national competent authority, conducts securities investment consulting business for the public without authorization. During the period, the company charged a consultation fee of about RMB 90,000, and collected a total of more than RMB 760,000 for honest operation fees and consultation fees. Wang's behavior constituted the crime of illegal business operations, which violated Article 225 of the Criminal Law of the People's Republic of China. He was finally sentenced to two years' imprisonment, suspended for two years, and a fine of RMB 80,000, and confiscated by the Zhabei District People's Court of Shanghai. All illegal gains.
In another case related to illegal investment consulting, after Wang was dismissed by a Beijing Investment Management Group Co., Ltd., from February 2016 to September 2016, several times in the security room of a primary school in Shijingshan District, Beijing, etc. , fabricated his identity as a salesman of his wealth management company, and deceived Guo to pay money to his personal account by signing a false loan consultation and service agreement, defrauding a total of 340,000 yuan of investment and wealth management funds, and returned Guo 52,000 yuan in the form of rebates during the period. . The People's Court of Shijingshan District, Beijing held that Wang, for the purpose of illegal possession, defrauded others in the process of signing and performing the contract, and the amount was huge, which constituted the crime of contract fraud. According to relevant regulations, Wang was sentenced to four years and three months in prison, more than 280,000 yuan in compensation to the victim Guo, and a fine of 5,000 yuan.
Article 122 of my country's "Securities Law" stipulates: "Without the approval of the securities regulatory agency of the State Council, no unit or individual may engage in securities business." In the above two cases, the criminals made up and fabricated The so-called professional investment advisor qualifications use high returns to defraud investors' trust, and then defraud investors' property through false transactions. Therefore, investors must be vigilant at all times during the investment consultation process and improve their awareness of risk prevention.
First, keep your eyes open and carefully check whether the relevant institutions have the qualifications to engage in securities investment consulting business approved by the China Securities Regulatory Commission. Investors can check the list of legal institutions and personnel through the website of the Securities Association of China. When making investment consultations, they should also carefully check whether the business scope of the institution's business license includes "securities investment consultation". The website of the Securities Association of China has a column for public information on illegal counterfeiting institutions, and investors can pay attention.
The second is to be highly vigilant and never send money to the other party's personal account. Legal securities investment consulting agencies generally charge consulting service fees through the company's special collection account. Investors should be extra careful about securities consulting activities that require money to be deposited into personal bank accounts. Investors can consult securities investment companies, and if any abnormal situation is found, they should report to the relevant regulatory authorities in a timely manner.
The third is to invest rationally, improve risk prevention awareness and self-protection ability. Investors should consciously stay away from illegal investment consulting agencies that are tempted by high returns, abandon the concept of getting rich overnight, and never be blinded by false information about high returns and high returns by illegal elements, and always maintain a rational investment mentality.
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