[Direct answer]In the Beijing area, whether bank wealth management products can be claimed for losses primarily depends on whether the bank has fulfilled its obligations of risk disclosure and suitability in accordance with the law. According to Article 506 of the Civil Code of the People's Republic of China (effective January 1, 2021), contracts concluded in accordance with the law are protected by law; at the same time, Article 508 of the same law stipulates that parties have the obligation to fully perform their obligations in accordance with the agreement. Regarding the protection of financial consumers' rights, relevant regulations require financial institutions to explain to investors the nature of the products, risks, and fees, and conduct suitability matching.\nFinancial capital and cross-border transactions involving foreign entitiesIn these types of services, the establishment of a claim usually depends on whether the information provided is sufficient.

1. Problem background and typical scenarios

Common consultation situations include: being told about guaranteed or promised returns when purchasing, but actually losing money; not fully disclosing risks during sales; risk assessment results not matching the purchased products; elderly people purchasing complex products without going through the double-recording process; and contracts containing standardized disclaimer clauses.Business and contract disputes in enterprisesIn such cases, the approach to reviewing the validity of standard clauses also applies here.

II. Key points of contention

Focus One: Whether the product belongs to a guaranteed-return type or an arrangement with a promised return. Focus Two: The fulfillment of the obligation to disclose risks and the preservation of relevant records. Focus Three: The compatibility between the obligation of suitability and risk assessment. Focus Four: Whether the explanations provided during the sales process are specific and easy to understand. Focus Five: The effectiveness of standardized disclaimer clauses. Focus Six: Whether investment decisions were influenced by improper sales practices. Focus Seven: The causal relationship between losses and sales practices.Special services and other casesThe column provides a more detailed explanation of this issue.

III. Professional analysis by Henglue Law Firm

Henglue Lawyers believe that the difficulty of claiming compensation lies not in proving the loss, but in proving the causal relationship between the loss and the bank's breach of obligations. In practice, the argument is usually built from three aspects: First, evidence of breach of obligations, including risk assessment records, product brochures and risk disclosure documents, audio and video recordings, dual-recording materials, and sales staff communication records; Second, causality, that is, explaining that if the bank had fulfilled its obligations, rational investors would not have purchased the product or would not have purchased it in this way; Third, the reasonableness of loss calculation, including the basis for calculating principal losses, interest, and reasonable fees. If the evidence shows that the bank has fully disclosed the risks through written and audio methods and investors have purchased the product voluntarily, the scope for claiming compensation is usually limited. Conversely, if there are circumstances such as promised returns, failure to match risks, or failure to conduct dual-recording in accordance with regulations, the claim is likely to be supported. It should be noted that financial products themselves are subject to market fluctuations, and investment risks should be borne by investors themselves. Claims should focus on breach of obligations rather than market risks.Business and contract disputes in enterprisesThe column provides more explanations on the causality argument. At the same time, attention should be paid to timeliness and jurisdiction, as well as the connection between complaining to financial regulatory authorities and suing in court.

IV. Practical suggestions and legal basis

Action suggestions: 1. Immediately preserve all purchased materials, including contracts, user manuals, risk assessments, and communication records; 2. Check the product type and risk level descriptions; 3. Confirm whether there are promises of returns or statements guaranteeing principal protection; 4. Review the audio and video recordings and dual-recording materials from the sales process; 5. Evaluate the appropriateness of the sales process; 6. Organize loss and transaction records; 7. Assess the path selection for complaints, arbitration, and litigation. Legal basis: Articles 496, 497, and 508 of the Civil Code of the People's Republic of China (effective January 1, 2021); Regulatory norms on appropriateness management, risk disclosure, and sales behavior management of relevant financial institutions; Provisions related to the protection of financial consumers' rights and interests. For details on the review of standard contract terms, please refer to the relevant provisions.Business and contract disputes in enterprisesFor cross-border products, please refer to the relevant provisions.\nFinancial capital and cross-border transactions involving foreign entitiesColumn. The specific application shall be subject to the current effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the market risk of financial products is generally borne by investors. Secondly, the basis for claiming compensation is the bank's breach of obligations, rather than market fluctuations. Thirdly, audio and video recordings and risk assessment records are the most crucial evidence. Fourthly, both the form and substantive effect of risk disclosure are important. Fifthly, promises of guaranteed returns or profits constitute serious violations and can be used as grounds for claims. Sixthly, attention should be paid to the connection between the statute of limitations and complaint channels. Seventhly, no one is allowed to make any promises about the outcome of the claims.

VI. Frequently Asked Questions

Q1: Can I claim compensation if I suffer losses from bank wealth management products?

This can be claimed, but it requires meeting specific conditions. The key is to prove that the bank failed to fulfill its obligations of risk disclosure and suitability in accordance with the law, and that there is a causal relationship between this obligation and the loss. According to Articles 496 and 497 of the Civil Code of the People's Republic of China, financial institutions, as providers of standard terms, must follow the principle of fairness in determining rights and obligations, and promptly notify investors of clauses that exempt or mitigate liabilities and other clauses of major interests. Otherwise, such standard terms may be invalid. If the bank has fully disclosed the risks and the investor voluntarily purchased the product, there is usually limited scope for claiming support.

Q2: If the financial advisor claims that the investment is guaranteed to be safe, but it ends up losing money, can I definitely get compensated for the losses?

It's not necessarily the case. The key point is whether there is evidence of a promise of guaranteed returns and the form of the content of that promise. According to relevant regulatory norms, wealth management products are not allowed to illegally promise guaranteed returns and profits. If the sales staff verbally promise or imply guaranteed returns in writing, it can be used as a basis for claims; however, it is necessary to distinguish between different types of financial products, such as wealth management products and deposits and insurance products. The law has different provisions on the guarantee arrangements for various products.\nFinancial capital and cross-border transactions involving foreign entities.The column provides a more detailed explanation of this.

Q3: Does not conducting a risk assessment when purchasing wealth management products have any impact?

It has an impact and may be an important basis for claiming liability. If the bank fails to conduct risk assessments or sales processes in accordance with regulations, it is considered that the investor's risk tolerance is insufficient, which may constitute a violation of the obligation of suitability. In practice, if an investor is elderly, has a low income, or has a low risk tolerance, but purchases high-risk products, this often becomes a key reason for claiming improper sales.Business and contract disputes in enterprisesThe column provides a more in-depth analysis of the evidentiary logic.

Q4: If the financial management company goes bankrupt, can I still approach the bank for help?

It is necessary to distinguish the legal relationship. First, the nature of the product and the manager should be confirmed: if the bank only acts as a sales agent or sales institution, it is necessary to verify whether it has fulfilled its obligations of suitability and information disclosure; if the bank itself is the product manager, the identification of the responsible subject will be completely different. It is recommended to first verify the product nature and filing information with the regulatory authorities, and then evaluate the responsible subject and the claim path. The special services and other case columns provide further explanations on this issue.

Q5: How much does it cost to hire a lawyer to handle financial disputes?

The fees depend on the product type, the amount of the dispute, the completeness of the evidence, whether multiple people are involved in protecting their rights, and whether the case enters multiple procedures such as complaints, administrative penalties, and litigation. The cost of simply organizing the evidence and evaluating the claims is relatively manageable; however, if multiple procedures and collective rights protection are involved, the investment will increase significantly. It is recommended to first complete the complete preservation and preliminary evaluation of the purchased materials, and then determine the scope of services and fee arrangements.

The above answer is based on the judicial practice in the Beijing area. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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 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.