“风格漂移”是否构成过错？投资者诉基金经理案开庭在即

Core Viewpoint - The article discusses a legal dispute involving Guotou Ruijin Fund and its star fund manager Shi Cheng, focusing on the implications of investment style drift and potential breaches of contract in the context of financial advisory agreements [1][4]. Group 1: Legal Dispute Overview - Guotou Ruijin Fund is facing a lawsuit initiated by investor Li Zhihua over a financial advisory contract dispute, with the court date set for January 13 [1]. - The core issue revolves around whether Shi Cheng's shift in investment strategy constitutes a breach of contract or a legitimate market-driven adjustment [1][5]. Group 2: Investment Strategy and Performance - Shi Cheng initially gained significant returns by heavily investing in the renewable energy sector from 2020 to 2021, but faced substantial losses as the sector declined in 2022 due to oversupply and price wars [4]. - In response to losses, Shi Cheng shifted his focus to AI and robotics, which has reportedly yielded positive results for the funds under his management [4]. Group 3: Compliance and Contractual Obligations - There are concerns regarding Shi Cheng's adherence to the investment constraints outlined in the fund contracts, particularly regarding the proportion of investments in renewable energy [5][8]. - For instance, the Guotou Ruijin New Energy Mixed Fund was required to invest at least 80% of its non-cash assets in renewable energy-related securities, yet its reported holdings fell significantly below this threshold [5]. Group 4: Additional Controversies - The funds also faced scrutiny for exceeding the stipulated limits on Hong Kong Stock Connect investments, with reported holdings surpassing the 50% cap in several products [7]. - The legal complexities include determining the boundaries of "breach" and "fault," particularly in relation to how investment categories are defined and the impact of market risks on investor losses [8].