银行理财产品质押法律风险对策研究

On Countermeasures of Legal Risk of Bank Financial Product Pledge

近年来,不少商业银行积极涉足理财产品质押贷款业务,对投资者来说,该业务增加了理财产品的流动性,一定程度上满足了投资者对短期资金的需要。对银行来说,开展理财产品质押贷款拓宽了信贷业务类型,增加了银行经营性收入,可谓两全其美。本研究认为,作为一种新类型的信贷业务,理财产品质押贷款业务有其自身的特殊性,在现行法律框架下,理财产品质押还存在缺乏明确法律依据,无法进行适当公示的硬伤,可能面临因得不到明文法律规定支持而使担保落空的法律风险。提出审慎开展理财产品质押贷款业务、探索理财产品质押公示的途径、周密设置质押条款确保优先受偿权等避免出现质权的法律效力瑕疵的举措。

In recent years, many banks are actively involved in the financial product pledged loan business. For investors, the business increases the liquidity of financial products, to a certain extent meets the needs of investors in short - term funds ; For banks, the development of financial products pledged loans broadens the type of credit business, increases bank operating income, so it is a win - win policy for both sides. This study suggests that, as a new type of credit business, financial product pledged loan business has its own particularity, in the current legal framework, the pledge of financial products is lacking in clear legal basis, no proper publicity channel, so it faces legal risks of guarantee failure. It puts forward measures to prudently carry out the pledge loan business of financial products, explore the way of publicity of financial products pledge, set up pledge terms carefully, ensure the priority of compensation, and avoid the legal effect flaws of pledge.