资管类纠纷审理中如何认定基金管理人责任？这个金融案例为你揭秘

Core Viewpoint - The implementation of asset management regulations aims to break the implicit guarantee and promote a responsible investment environment, but issues with asset management products can lead to legal disputes regarding investor protection [1][8]. Group 1: Case Overview - A specific case was highlighted by the Beijing Financial Court, where a fund management company failed to conduct adequate due diligence, leading to an inability to repay an investor [1][5]. - The fund product was registered in March 2017, and the investor transferred 1 million yuan to a dedicated account as per the contract [2][3]. Group 2: Legal Findings - The court found that the fund management company only investigated the investment situation and did not verify the performance of cooperation agreements with the investment target and downstream partners, indicating a lack of due diligence [5][7]. - The court ruled that the fund management company was 40% liable for the investor's losses, which included the principal and interest on the funds occupied [7]. Group 3: Due Diligence Standards - The core disputes in asset management-related cases revolve around whether the management fulfilled their fiduciary duties, particularly the due diligence obligation [8][10]. - The Beijing Financial Court established a "six-step review method" to assess whether fund managers have fulfilled their due diligence obligations, providing a reference standard for similar cases [11][15].