Xin Lang Zheng Quan·2025-12-26 09:44Core Viewpoint - The dispute involving a 120 million yuan investment by Fuanna in a financial product managed by CITIC Securities has revealed significant concerns regarding fund allocation and potential mismanagement, leading to a lawsuit and a recent court ruling favoring Fuanna [1][3]. Group 1: Background of the Dispute - The seeds of the dispute were sown in 2018 when Fuanna signed an asset management contract with CITIC Securities, investing a total of 540 million yuan in the "CITIC Securities Fuanna FOF Customized No. 1 Single Asset Management Plan" over five phases [1]. - The immediate trigger for the lawsuit was the fifth phase product, amounting to 120 million yuan, which failed to pay out upon maturity on March 19, 2022, resulting in a substantial default [1]. Group 2: Fund Allocation Concerns - Fuanna discovered significant doubts regarding the flow of its invested funds, noting that the 120 million yuan principal was transferred out just three days after being deposited, allegedly to pay off the principal and interest of a previous product [1]. - Similar operations were observed with the funds from the fourth phase, raising serious questions about whether the invested capital was used for the intended investments as per the contract or for "borrowing new to pay old" [1]. Group 3: Underlying Asset Issues - The underlying asset of the investment, the "Beida Resources Hangzhou Haigang City" project, was already in default, with its debtor, Zhejiang Lande Real Estate, having received qualified opinions in its 2019 and 2020 audit reports [2]. - The guarantor, Beida Fangzheng Group, is also undergoing restructuring, further complicating the situation [2]. Group 4: Legal Proceedings and Court Ruling - After months of unsuccessful negotiations with CITIC Securities, Fuanna filed a lawsuit on August 31, 2023, against CITIC Securities and the Guangzhou branch of China Merchants Bank [3]. - On December 25, the court ruled that CITIC Securities must compensate Fuanna for principal losses amounting to 29.2863 million yuan, with future recoveries from the asset management plan to be split 50/50 between Fuanna and CITIC Securities, capped at the compensation amount [4]. - The court also confirmed that there are still 35.8371 million yuan in investment returns from Western Trust Company that Fuanna has yet to withdraw, and the defendants are required to assist Fuanna in retrieving these funds and their interest [4].