[Direct answer]In the Beijing area, it is generally possible, but it is necessary to clarify the contractual relationship and the responsible parties first. The delay in the redemption of trust products involves the trust contract relationship between investors and trust companies, as well as the performance of underlying assets and financing parties. Article 577 of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates that if a party fails to perform its contractual obligations or performs them in a manner inconsistent with the agreement, it shall bear contractual liabilities such as continuing performance, taking remedial measures, or compensating for losses. If the trust company fails to perform its management duties or information disclosure obligations as agreed in the contract, or engages in breach of contract, investors may assert their rights according to the contract; if the delay is due to the breach of contract by the underlying financing party, it is necessary to judge according to the recovery mechanism stipulated in the trust documents. If there are irregularities in the sales process or misleading statements about rigid redemption, corresponding responsibilities can also be claimed. Before suing, it is advisable to evaluate the contract terms, redemption arrangements, and the status of underlying assets.

1. Problem background and typical scenarios

The delay in redemption of trust products has become a hot issue of concern for investors. Typical scenarios include: after the product expires, the trust company issues a delay announcement, but investors fail to receive redemption for a long time; the underlying financing party defaults, and the project's repayment is blocked; the trust company fails to disclose the project risks and the use of funds in a timely manner; there are verbal statements of guaranteed or rigid redemption during the sales process, which cannot be fulfilled afterwards. The core of the dispute lies in whether the trust company has fulfilled its fiduciary management duties, and whether the delay is due to project risks or management negligence. When handling such cases in Beijing, the trust contract, risk disclosure documents, disclosure announcements, and communication records with investors are important evidence. Relevant practices can be referred to for reference.\nFinancial capital and cross-border transactions involving foreign entitiesMy service experience.

II. Key points of dispute

Focus One: Whether the trustee has fulfilled his duties: Due diligence, post-investment management, and information disclosure are key to determining liability. Focus Two: The nature of the reasons for the delay: Project risks and underlying defaults fall within the market scope, while management negligence may constitute a breach of contract. Focus Three: How to determine the responsible parties: The responsibilities of trust companies, underlying financing parties, and guarantors need to be clarified separately. Focus Four: How to apply contract terms: Payment arrangements, delay clauses, and risk disclosure content impact claims. Focus Five: Violations in the sales process: Whether there was a failure to fulfill suitability obligations or misleading statements about guaranteed payouts. Focus Six: How to structure litigation claims: Demanding payment, compensation for losses, or terminating the contract and seeking restitution. Focus Seven: The relationship between litigation and project disposal: The progress of underlying asset disposal affects repayment.

III. Professional analysis by Henglue Lawyers

The practical experience of Henglue Lawyers is that the core of trust extension cases lies in clarifying the boundaries of the trustee's duties and the facts of breach of contract. Firstly, review contracts and documents: sort out the payment arrangements, risk disclosure, and trustee's duty clauses in the trust contract, and clarify the scope of obligations. Secondly, verify due diligence and post-investment management: retrieve project due diligence reports, post-investment inspections, and disclosure announcements to determine whether the trust company has fulfilled its prudent management obligations. Thirdly, distinguish the reasons for extension: if it is due to the underlying financing party's breach of contract and the trust company has fulfilled its obligations, it is usually an investment risk; if it is due to management negligence, non-disclosure, or illegal use of funds that result in losses, breach of contract compensation can be claimed. Fourthly, clarify the responsible parties: the trust company can be listed as a defendant, and the underlying financing party or guarantor can be added as necessary, to clarify their respective bases of liability. Fifthly, pay attention to the sales process: if there are failures to fulfill suitability obligations or misleading about rigid payment, this can be used as a basis for supplementary claims. Sixthly, design litigation requests: based on the contract and facts, choose to request payment, compensation for losses, or rescission and return, and pay attention to the connection between these requests. Seventhly, evaluate the possibility of recovering payments: based on the status of the underlying assets and the progress of disposal, reasonably anticipate the execution effect and avoid difficulties in enforcement after winning the case. The above-mentioned approach and\nFinancial capital and cross-border transactions involving foreign entitiesIt is consistent with my practical experience.

IV. Practical suggestions and legal basis

Action recommendations: First, collect trust contracts, risk disclosure letters, disclosure announcements, and communication records; Second, verify whether the trust company's due diligence and post-investment management are in place; Third, clarify the underlying assets and the borrower's performance; Fourth, assess whether there are any violations in the sales process; Fifth, design reasonable litigation requests before suing and evaluate the feasibility of enforcement, and apply for property preservation when necessary. Legal basis: Articles 577 and 584 of the Civil Code of the People's Republic of China (effective from January 1, 2021) regarding the liability for breach of contract and the scope of compensation for losses; Articles of the Trust Law of the People's Republic of China (effective from October 1, 2001) regarding the trustee's obligation to comply with trust documents and fulfill the duties of honesty, trustworthiness, and prudent management. For financial and investment disputes, please refer to the relevant provisions.Financial capital and cross-border transactions involving foreign entitiesFor contract disputes, you can refer to the following for reference.Business and contract disputes in enterprisesFor matters related to the recovery and enforcement of funds, you may refer to the following for referenceCreditor's rights and debts, and enforcementThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Advice

Firstly, the extension of the trust does not necessarily mean a breach of contract. It depends on whether the trustee has fulfilled his obligation of prudent management. Secondly, the due diligence report, post-investment management, and disclosure announcements are key evidence for determining liability, and they should be obtained as soon as possible. Thirdly, the condition of the underlying assets directly affects the recovery of funds. Before suing, it is necessary to evaluate the feasibility of enforcement. Fourthly, the violations in the sales process can be used as supplementary claims, and attention should be paid to preserving evidence. Fifthly, applying for property preservation in a timely manner can help ensure the effectiveness of subsequent enforcement. For matters involving the enforcement stage, you can refer to the following methods:Creditor's rights and debts, and enforcementUnderstand the path.

VI. Frequently Asked Questions

Q1: Can I definitely sue if the trust product is delayed in redemption?

Generally, a lawsuit can be filed, but the outcome depends on the attribution of liability and the availability of evidence. If the trust company fails to fulfill its fiduciary duties or breaches the contract, the likelihood of winning the lawsuit is relatively high; if the delay is purely a result of project investment risks and the trust company has fulfilled its obligations, it will be more difficult to claim breach of contract damages, and the determination of liability will need to be based on the contractual provisions.

Q2: Should I sue the trust company or the financing party?

It is necessary to clarify the contractual relationship and the basis of liability. There is a trust contract relationship between investors and trust companies, and investors are usually sued as defendants first. If there is a breach of contract by the underlying financing party or the guarantor, they may also be sued as additional defendants and held accountable for their respective responsibilities, subject to the provisions of the contract and the actual circumstances.

Q3: How to determine whether a trust company is fulfilling its duties?

It can be reviewed from three aspects: due diligence, post-investment management, and information disclosure, including whether the due diligence report is sufficient, whether the project is inspected on schedule, and whether the risk changes are disclosed in a timely manner. The relevant documents are usually kept by the trust company and can be requested for retrieval through litigation procedures. The relevant documents are usually kept by the trust company and can be requested for retrieval through litigation procedures.

Q4: Can I request a full repayment of the principal and the profits?

It depends on the basis of the claim. If the trust company breaches the contract, the claimant can seek compensation for the losses; if the delay is due to project risks, the repayment is usually determined according to the contract and the results of asset disposal, and it is difficult to claim full repayment of the principal and expected returns. If the delay is due to project risks, the repayment is usually determined according to the contract and the results of asset disposal.

Q5: What preparations should be made before filing a lawsuit?

It is recommended to collect contracts and disclosure documents, verify the due diligence and post-investment management situations, clarify the status of underlying assets, assess whether the sales process violates regulations, and design reasonable litigation requests and preservation plans. At the same time, attention should be paid to the statute of limitations and the dispute resolution methods stipulated in the contract.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Financial capital legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on current laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.