[Direct answer]In the Beijing area, who to claim against after insurance asset management products suffer losses depends on the nature of the products, the causes of the losses, and the responsible parties. If the asset management products are issued by insurance companies or their asset management subsidiaries, investors can review the appropriateness of sales, information disclosure, and diligence obligations in accordance with the Insurance Law of the People's Republic of China (amended in 2015) and the Guidelines on Regulating Asset Management Business of Financial Institutions (the new regulations on asset management, implemented on April 27, 2018). If the losses result from the manager's failure to exercise due diligence, false advertising, or illegal operations, investors can claim compensation from them. If fraud is involved, a report can be made to the police. It should be noted that asset management products generally do not promise guaranteed returns, and investors must bear market risks themselves. Whether they can obtain compensation depends on whether the manager breaches the contract or infringes their rights. For similar issues, please refer to the relevant provisions.\nFinancial capital and cross-border transactions involving foreign entities.Column.

1. Problem background and typical scenarios

These types of issues often arise in several scenarios: first, investors demand compensation after the net value of insurance asset management products they purchased has plummeted; second, insufficient profit promises and risk warnings are provided during the sales process; third, managers invest in assets illegally, engage in related-party transactions, or disclose false information; fourth, products are nested at multiple levels with unclear responsibilities; fifth, investors report cases of financial fraud. When handling such matters in Beijing, authorities typically first verify the product contracts, risk disclosures, and sales records, then assess the managers' fulfillment of their obligations and the attribution of losses. For cross-border or complex financial cases, relevant reference materials may be consulted.Business and contract disputes in enterprisesColumn.

II. Key points of contention

First, the nature of the product and its legal relationship—is it a trust, a mandate, or another asset management relationship? Second, whether the sales appropriateness and risk disclosure are in place. Third, whether the manager has fulfilled its obligations of due diligence, prudence, and information disclosure. Fourth, whether the losses are due to market risks or management defaults or infringements. Fifth, how the responsible parties—the issuer, the manager, and the sales agency—share the liabilities. Sixth, the boundaries between criminal fraud and civil breach of contract. The specific determinations shall be based on financial regulatory rules and judicial judgments. For related disputes, please refer to the following documents:Special services and other casesColumn.

III. Professional analysis by Henglue Lawyers

Based on the practical experience of lawyers from our firm, the core of protecting investors' rights against losses in insurance asset management lies in the attribution of losses and the review of managers' obligations. The new regulations on asset management explicitly break the rigid redemption guarantee, and investors are generally responsible for the risks of net value fluctuations, but this does not mean that managers can be exempt from liability. In handling financial disputes, lawyers from our firm pay attention to obtaining product contracts, risk disclosure documents, sales double records, and regular reports to review whether the managers have a lack of suitability, make false or misleading statements, or have major omissions; if so, investors can claim compensation based on breach of fiduciary duties or infringement claims. At the same time, lawyers will clarify the responsibility boundaries of issuers, managers, and sales institutions to avoid investors losing the object of accountability among multiple entities, and assist in linking criminal reporting and civil recovery when suspected crimes occur.

IV. Practical suggestions and legal basis

Action suggestions: First, properly preserve the product contract, risk disclosure letter, dual recording and transaction records. For related verification, you may refer to the following materials:Special services and other casesFirst, check whether the sales process indicates potential risks and whether it matches their own risk tolerance; Second, review whether the regular reports and investment directions of the managers comply with regulations; Third, promptly assert claims against suspected defaults or infringements; Fourth, promptly report suspected fraud and maintain channels for criminal compensation and civil claims. In terms of legal basis, the "Insurance Law of the People's Republic of China" has special provisions on insurance asset management; the "New Regulations on Asset Management" and the "Memorandum of the National Court Commercial and Civil Trial Work Conference" provide rules on appropriateness, fiduciary duties, and financial consumer protection.

5. Henglu Law Firm's Reminder

Risk Warning: First, it's normal for asset management products not to guarantee principal and returns, and investors should bear market risks themselves; Second, the focus of safeguarding rights lies in obtaining evidence of the manager's default or infringement, rather than simply proving losses; Third, lack of suitability and false disclosure are common issues that need to be addressed; Fourth, it's necessary to clarify the responsibilities of issuers, managers, and sales agencies under a multi-layered structure. It is recommended that lawyers who are familiar with financial regulations review the evidence and design a solution path.

VI. Frequently Asked Questions

Q1: Who can I sue if an insurance asset management company suffers losses?

Investors can claim compensation from the product issuers, managers, or sales agencies, depending on the cause of the losses. If the manager fails to exercise due diligence or the sales agency fails to provide appropriate disclosures or makes false disclosures, investors can claim compensation. If there is a suspicion of fraud, investors can report the case to the police. In principle, investors bear the market risks themselves, and whether they can obtain compensation depends on whether the manager breaches the contract or infringes their rights.

Q2: Do asset management product sales need to compensate for losses?

If the sales agency fails to fulfill its obligations of risk disclosure, suitability matching, or engages in false advertising, resulting in investors purchasing products that are not suitable for them and suffering losses, the agency may be held liable for compensation. It is recommended to keep the double-recording video, the risk disclosure document, and the communication records to prove the lack of suitability.

Q3: Can insurance asset management companies guarantee fixed payouts for their losses?

No. The new regulations on asset management explicitly break the rigid redemption mechanism, and financial institutions are not allowed to promise guaranteed principal and returns. Investors are generally responsible for the risk of net asset value fluctuations. However, this does not exclude managers' obligation to bear compensation liability in the event of default or infringement.

Q4: How to prove that the manager violated the rules?

It is possible to retrieve product contracts, risk disclosure documents, sales double recording, regular reports, and investment disclosure, to review whether there are any lacks of appropriateness, false statements, illegal investments, or related-party transactions. If necessary, apply for an investigation order or a judicial appraisal, and have a lawyer assist in fixing the evidence.

Q5: What should I do if I suffer a loss and suspect it's a fraud?

If any fictitious projects, misappropriation of funds, or Ponzi scheme characteristics are discovered, the case should be reported to the public security organ in a timely manner, and the rights and interests can be protected through parallel criminal restitution and civil claims. The criminal procedure can clarify the whereabouts of the funds, and the civil route can claim compensation for breach of contract or infringement. The two can be connected and promoted simultaneously.

The above content is based on the compilation of judicial practices 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 situations.

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. In case of disputes, please consult a practicing lawyer in time.