2009年7月15日 星期三

Why banks can't answer queries regarding the "Fund" (Minibond collateral)?



作為受過良好教育,有包括CDS/CDO和各類信貸掛鈎產品在內的投資經驗的專業人員和管理層的銀行,作為銷售了迷債4-6年的迷債分銷商,
- 銀行為甚麼不能回答以下關於關於抵押品之疑問?
- 銀行的協約精神和對客戶的Duty of Care 職責去了哪裡了呢?

Enquiry on the"NOTICE OF REIVESTMENT OF COLLATERAL FOR UNDERLYING SECURITIES” (letter from HSBC USA and Bank of New York). The following questions are addressed to BANKS who sold minibond to us.

The "Fund" below refers to the Fund mentioned in the "NOTICE OF REIVESTMENT OF COLLATERAL FOR UNDERLYING SECURITIES” (dated 18 March 2009). Use Minibond Series #27 as an example:

(a) Where can I find out the role and functions of Bank of New York in respect of the Minibond Series 27?

(b) Can BANKS please clarify the relationship between the Series 27 and the Fund ?
Because I have looked at the prospectuses but could not find any mention of the Fund. (c) Can you please advise where in the prospectuses for Series 27 the Fund is mentioned?

(c) Can BANKS please advise where in the prospectuses for Series 27 the Fund is mentioned?

Banks are regulated financial institutions. Banks' responsibility as minibond-distributors is NOT confined to passing on the enquiries from the note-holders to the trustee and replies from the trustee to the note-holders, regardless if the enquiries concern matter within banks' knowledge or the replies given by the trustee do not really answers the queries raised. Banks are not no-asking & no-telling & commission-collection middle-man only. Banks are bound by SFC Code of Conduct!

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