Tuesday 18 December 2012

Hua Xia case highlights regulatory risks posed by mis-selling, says lawyer

A recent case involving the suspected mis-selling of a wealth management product by Hua Xia Bank in China has showcased the risks banks face from individual sales staff acting on their own, according to a Beijing lawyer. Her comments followed an announcement earlier in December that a former employee of the bank had mis-sold a high-risk wealth management product (WMP) to a customer without explaining the risks involved. The WMP later stopped making repayments.

The Hua Xia incident was an extreme example of how things could go wrong, and reflected a failure by the bank's risk management department to spot the risk, said Jane Jiang, partner at law firm Allen & Overy in Beijing. She said the case revealed that the contractual relationship between the bank and its customers was not clear. If the former Hua Xia employee sold WMPs at the bank’s counter, the bank arguably gave implied authorisation by allowing such WMPs to be sold at the bank, said Jiang.

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http://www.complinet.com/global/news/news/article.html?ref=160858&bulletin=spotlight&region=_10115

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