[Direct answer]In the Beijing area, whether the guarantee of principal protection for structured deposits is binding depends on the nature of the product and the sales entity. Structured deposits are essentially deposits. If the product itself is guaranteed principal protection, the bank shall bear the responsibility for principal protection in accordance with the product agreement, and this commitment is binding. However, if it is packaged as a wealth management product, or if the non-licensed institutions, sales channels, and sales personnel make verbal promises of guaranteed principal and returns, these commitments usually cannot directly bind the issuer. According to Articles 143 and 153 of the Civil Code of the People's Republic of China (effective January 1, 2021), agreements that violate mandatory provisions of laws and administrative regulations or that violate public order and good customs are invalid. The regulatory authorities' guidance on regulating asset management businesses of financial institutions and requirements for regulating structured deposit businesses of commercial banks clearly stipulate that investors shall not be misled by false high-yield promises. The party claiming the existence of the commitment usually needs to provide written promotional materials, audio recordings, or chat records to support their claim.

1. Problem background and typical scenarios

Structured deposits, which combine principal protection with floating returns, are often described by sales staff as a sure-win, risk-free option. Typical scenarios include: client managers promising guaranteed returns in person, but only providing product brochures during the signing process; actual returns at maturity being far lower than the maximum yield advertised; being told the product is a deposit at the time of purchase, only to discover later that it's a fund management product sold on behalf of others; and the complex triggers for derivative transactions linked to the product, which are difficult for ordinary investors to understand. When handling such disputes in Beijing, authorities typically first verify whether the product belongs to a deposit, wealth management product, or asset management plan, and then determine the validity of the guaranteed return commitment and the liable party. For issues involving financial product compliance and investor rights, reference can be made to relevant regulations and guidelines.\nFinancial capital and cross-border transactions involving foreign entitiesColumn.

II. Key points of dispute

Focus I: How to determine the nature of the product? Structured deposits and wealth management products differ in regulatory frameworks, accounting methods, and risk assumption, and different natures lead to different conclusions. Focus II: Who is the subject of the guaranteed return commitment? There are clear differences in the binding force between the commitments made by banks in sales documents and the oral commitments made by sales personnel. Focus III: Can the investor claim the profit portion? The maximum yield advertised in promotions is usually just an example, and floating returns are not necessarily supported. Focus IV: Were the sales activities illegal? Whether there was misleading promotion, failure to provide risk warnings, or breach of suitability obligations is an important basis for determining liability. Focus V: The effectiveness of standard clauses and disclaimers. Focus VI: How to provide evidence and file claims after losses occur.

III. Professional analysis by Henglue Lawyers

When handling disputes over the sale of financial products, Henglue Lawyers found that investors often lose cases due to insufficient evidence rather than lack of legal grounds. There are four common pitfalls: First, only keeping product brochures and account statements without preserving the sales promotion materials and risk disclosure records; Second, relying solely on verbal communication without audio recordings or chat logs to prove the content of the promises; Third, treating the yield estimation tables issued by sales personnel as the official commitments of the institution; Fourth, accepting the institution's extension or replacement proposals after discovering losses without promptly preserving the original evidence. In practice, determining whether a guaranteed return commitment can bind the issuer typically depends on whether the commitment is included in the product contract or official sales documents, and whether the sales personnel are authorized to make such commitments. Therefore, Henglue Lawyers generally advise investors to keep complete records at both the purchase and redemption stages: preserving promotional materials and dual-recorded conversations during the purchase process, and saving the deposited amount and settlement details during the redemption process, in order to determine whether the product complies with the agreed terms.

IV. Practical suggestions and legal basis

Action suggestions: 1. Before purchasing, verify the product type to determine whether it is a deposit, wealth management product, or asset management product, and confirm that the sales institution has the appropriate qualifications. 2. Require written confirmation of the principal protection and profit calculation methods, and refuse sales based solely on verbal promises. 3. Fully preserve promotional materials, risk assessments, dual-recording materials, and all transaction receipts. 4. Pay attention to the underlying assets and triggering conditions of the product, and understand the possible profit ranges. 5. If the actual profit significantly deviates from the agreed terms, promptly submit written inquiries to the institution and retain the responses. 6. For significant losses, promptly engage professional lawyers to assess legal remedies. Legal basis: - Articles 143, 153, and 509 of the Civil Code of the People's Republic of China (all effective from January 1, 2021); - Guidelines on Regulating Asset Management Business of Financial Institutions (Banking Regulatory Commission [2018] No. 106, issued on April 27, 2018) regarding the prohibition of rigid redemption and guaranteed principal and profit promises; - Notice on Further Regulating Structured Deposit Business of Commercial Banks (issued in October 2019) regarding requirements for structured deposit sales and accounting. For investor rights, please refer to the relevant provisions.\nFinancial capital and cross-border transactions involving foreign entitiesFor disputes concerning contract terms, you can refer to the following documents for reference:Business and contract disputes in enterprisesThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Advice

Firstly, to determine whether a promise is binding, the key lies in the nature of the product and the party making the promise, rather than what the salesperson says. Secondly, fluctuating returns are an inherent feature of structured deposits, and the maximum yield does not equal the actual yield. Thirdly, keeping records is the best form of self-protection. Promotional materials and video recordings are often more reliable than retrospective recollections. Fourthly, don't easily believe claims of guaranteed profits without losses. All investments involve risks and uncertainties. Fifthly, if you detect any abnormalities, you should consult as soon as possible to avoid losing the opportunity to assert your rights by accepting a replacement plan. For disputes involving the sale of financial products, you can seek assistance through legal channels.\nFinancial capital and cross-border transactions involving foreign entitiesColumn consultation.

VI. Frequently Asked Questions

Q1: The bank said it was a guaranteed investment, but in the end, I lost my principal. What should I do?

It is necessary to first verify the nature of the product and the form of the commitment. If the product is indeed a guaranteed-return structured deposit with an agreed principal protection, you can require the bank to make payments according to the agreement. If it belongs to a non-guaranteed product or a product sold on behalf of others, you need to examine whether there are misleading promotions, failure to perform risk warnings and suitability obligations, etc. in the sales process, and claim corresponding responsibilities based on this.

Q2: Is it valid for sales staff to verbally promise guaranteed returns?

The binding force is limited. Unless it can be proven that the salesperson has obtained the institution's authorization and the oral commitment constitutes official conduct, it is usually difficult to directly bind the issuer with individual oral commitments. It is recommended to fix the content of the commitment in the form of recordings, WeChat records, promotional leaflets, etc., and to claim together with whether there are management omissions in the institution.

Q3: Can I achieve the highest yield rate promised in the promotion?

Generally, this is not the case. The highest yield is usually just an example of the upper limit of the yield range, and the actual yield depends on the performance of the underlying asset and the terms of the product. If the promotional materials imply a certain yield based on the highest yield, this may constitute misleading advertising. Investors can claim corresponding responsibilities based on this, but they need to provide evidence to prove the differences between the promotional content and the actual situation.

Q4: What is the difference between structured deposits and bank wealth management products?

Structured deposits are essentially deposits and are usually included in the balance sheet accounting. In guaranteed-return products, the bank assumes responsibility for protecting the principal; bank wealth management products are asset management products that do not promise guaranteed returns, and the risk is borne by investors. The two products differ in regulatory requirements, profit determination methods, and sales requirements, and investors should clearly distinguish between them before purchasing.

Q5: What evidence do I need to prepare to protect my rights after suffering a loss?

It is necessary to prepare the product contract and user manual, risk assessment questionnaires, promotional materials and dual-recording materials for the sales process, transaction and receipt receipts, communication records with sales staff or customer service, and written materials for raising inquiries and complaints to the institution, so as to facilitate the determination of whether the sales activities are compliant and how to allocate responsibilities.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm for specific cases.

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 Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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. If you encounter disputes, please consult a practicing lawyer in time.