Reduction of liability and plausibility checks for investment advisors in closed-end fund offerings – Part 2

The investment adviser must fulfil his main duties. He cannot rely on the assessment of third parties. One will be able to trust an experienced investment advisor that he is able to carry out a plausibility check based on the basic investment criteria and specific extensions to the investment category.   Plausibility is the estimation […]

Reduction of liability and plausibility check for investment advisors for closed-end fund offers – Part I

The liability risks of insurance brokers, investment brokers and consultants, but also of distributors and financial planners, differ depending on the customer (advice suitable for investors), capital investment (advice suitable for the property) or the risk involved (advice following property inspection and risk analysis). Obligation to disclose commissions – or reverse the transaction: This first […]

What banks and investment advisors are liable for

In his tax returns, an initiator of film funds unlawfully declared 80 percent of the operating expenses – a total of around 635 million euros to the detriment of the tax authorities. This contrasts with the depreciation advantages enjoyed by investors, which are now being reclaimed by the State. What next? Who is it about? […]

Investment advisors are liable for failure to inform about the lack of resale opportunities of closed-end investments/funds.

Politics, Law & Society Press release by: Law Firm Dr. Johannes Fiala PR Agency: Dr. Johannes Fiala Every year, investors invest tens of billions in so-called closed-end investments – only a fraction perform according to the specifications in the prospectus. The Federal High Court (BGH) decided now for the first time (judgement of 18.01.2007, Az. […]

Investment advisors are liable for failure to inform about the lack of resale opportunities of closed-end investments/funds.

Author: Kanzlei Dr. Johannes Fiala Published on: 24.07.2007 at 11:53 Each year investors invest double-digit billion amounts in so-called closed participation ‘” only a fraction develops according to the data in the folder. The Federal High Court (BGH) decided now for the first time (judgement of 18.01.2007, Az. III ZR 44/06) that investment consultants have […]

Federal High Court: Auditors liable for faulty prospectus opinions – Professional protection for intermediaries and investment advisors too rarely implemented

*by Dr. Johannes Fiala, Lawyer (Munich), Mediator (Univ.), MBA Financial Services (Univ.Wales), MM (Univ.), Certified Financial and Investment Advisor (A.F.A.), Lecturer in Civil Law and Insurance Law (Univ. of Cooperative Education), Banker (www.fiala.de) The Federal Supreme Court (BGH) made clear by its judgement of 14.06.2007 (Az. III ZR 300/05) and further decisions (Az. III ZR […]

Drying up of life insurance – too few investment options for too much money

– Why life insurance has outlived its usefulness as a capital accumulation vehicle –   Wim Duisenberg, ex-president of the ECB, when asked how he invests his money: “Personally, I’m in the fortunate position of having no reserves.”   Statistically, up to more than 80 million German citizens own more than one life insurance policy. […]

Massive investor losses due to overly safe investments

– Why the Small Investor Protection Act does not protect against investment losses due to low interest rates –   Obligation to provide investor-friendly advice According to the BGH Bond ruling (Federal Court of Justice ruling of 14.06.2007, Ref. XI ZR 12/93), all investment advice must be appropriate to the investor and the property. Investor-oriented […]

Reversal of dangerous combined transactions: Revocation of credit-financed capital investments

– New ruling of the Federal Court of Justice facilitates the discharge of loan debts – It is part of everyday life at credit institutions to make even larger capital investments possible for the customer by making a large part of the necessary money for an investment available to him as a loan. As a […]