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Recently, the Beijing First Intermediate People's Court in Beijing concluded an investment consultant limited liability company and Liu XX commission contract disputes. Final Appeal found that both signed the "stock investment trust management agreement" is invalid,new balance 780, ruled that the return of investment company 281,680 yuan Liu XX.





December 23,escarpin louboutin pas cher, 2003, Liu XX (Party) and a Beijing investment company (B) signed a "stock investment trust management protocol" agreement: Party B commissioned operating capital 300,louboutin pas cher,000 yuan for a period of one year. Funds managed by Party A, Party B is only responsible for trading in the stock operation, the Party can not be allowed to buy and sell shares.





The agreement also stipulated: Party A Party B agree and monitor the implementation of equity investments under the program,ceinture versace, call the shots without due cause loss of Party B,moncler milano, Party B shall bear the risk; there is no interference in the Party and equity investments under no external leakage of information under the guarantee Party B no loss of principal trust management,ceinture ferragamo, finance and investment risk stock borne by the Party. The contract stipulated profit distribution: Party obtained 70% B was 30%.





After signing the contract, the business department Liu XX specified in the investment company to open an account in my name, according to the agreed injection of 30 million.





January 30,d&g lunette de soleil, 2004,scarpe hogan, the two sides signed the "Supplemental Agreement", Liu XX additional funds 298,louboutin sandales,680 yuan again with B stock investment cooperation.





After the stock account a loss in 2007,hogan rebel, April 21, the two sides once again signed the "Supplemental Agreement" agreement: If the six-month maturity investment company can not losses, the company must be filled with cash to principal 598,680 yuan, but the two sides not actually fulfill the agreement, account losses 281,680 yuan.





To this end,giuseppe zanotti boots, Liu XX prosecution to the court to require the return of loss of principal investment company 281,cappelli sconto,680 yuan. Investment Company believes that stock-account deficit was caused by the fault of both sides,chapeau last kings, both sides should take responsibility, in accordance with the principle of rights of the parties and other obligations of the company up to bear 30% of the responsibility.





Beijing Intermediate Court after hearing that the stock investment trust management agreement and supplementary agreement signed by Liu XX and investment company in violation of the relevant laws and regulations on "without the China Securities Regulatory Commission license, any organization or individual shall not engage in securities and futures investment consulting business and securities investment consulting agencies shall not engage in proxy investors engaged in securities trading, investment shall not agree to share revenue with the investor or the share of investment losses, "the provisions of the investment company in accordance with the contract signed by Liu XX, in the name of Liu XX, Liu XX of the use of funds, the operating behavior of stock trading accounts,louboutin occasion, for breach of laws and regulations for the mandatory provisions of the securities service institutions and practitioners invalid.





The company as an investment advisory firm,nike lunette de soleil, should understand and comply with laws and regulations,collana tiffany, and its violation of laws and regulations on investment consulting institution shall not represent a client to invest in securities,abbigliamento peuterey outlet, and agreed to share with the principal securities investment income and other prohibitions. Liu XX to losses, after the two sides signed the contract invalid,cartier bracciali, and therefore investment company shall compensate the losses suffered by Liu XX.





Accordingly, the Beijing Intermediate Court made the final judgment. (Author: Guo Jingxia)

 

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