AWD structure distribution damages 70% of the 20,000 DLF fund investors / With an investment volume of DM 1.3 billion the largest liability case in 2001

On November 16, 2001, DWS lost its second lawsuit: He had been sued by a disappointed investor. On the stock exchange newcomer AWD up to 70% of the investment volume from approximately 14,000 mediated business come as adhesion potential ? plus legal costs and interest from lost investment income (around 6% p.a. is usual). This […]

Liability for damages of the investment services company for faulty stock analyses (Heiko Vogler) Nomos-Verlag, ISBN-3-8329-1600-8

The topics: ‘Liability for damages of the investment services company for erroneous stock analyses’ deals with topics such as stock analysis in the capital market, liability for damages under U.S. and German law. Finally, a treatment of the liability regime for publicly disseminated equity research follows. For practitioners: The great value and benefit of the […]

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 insurance policies for capital & financial investment

Why you should cancel an insurance policy After taking out an insurance policy, there are Insured persons have two options contractual relationship with your insurer to terminate the contract: On the one hand, the contract can be terminated – like any contract- under Compliance with the legal deadlines informal and on the other hand, it […]

Asset manager’s liability : right to compensation and damages

Asset manager liability: What you need to know Those who are wealthy or come to assets are not necessarily also experts in the field of money investmentor asset management. For this reason, in order to maintain the preservation of their own property and to increase the long term visibility of future, many investors use the […]

Lawyer for investment law in Munich

Investment law: Ask at the right time The investor protector Heinz Gerlach (*1945, +2010) once said that the typical investor at the regulars’ table only has three questions: First question: The investor waves various prospectus documents and asks “Is that something?”Second question: “And what’s the best?”Third question (usually after months or years): “What is the […]

Training liability in insurance, capital investment and bank sales

Why training and sales managers are personally liable in private health insurance sales. An analysis by attorney Dr. Johannes Fiala and mathematician Peter A. Schramm.   Landauf Landab insurance brokers, independent financial service providers and bank advisors complain that at sales events held by trainers, they actually only experience positive product features through colourful pictures, […]

Insurance broker is liable for bank creditworthiness for investments after premium collection

The case: The BFI Bank has never been so broke as it is today. Industry insiders suspected this long before the official bankruptcy petition was filed in court. Lastly, the bank offered credit interest on account balances at a rate far above the market rate, and linked this to a necessary purchase of BFI shares. […]

“Experts” for statements influencing investments using the example of insurance ratings

A variety of insurance products that is difficult for consumers to understand encourages them to make a choice only after consulting a market observer. However, the involvement of experts in investment decisions raises the question of responsibility for their actions. What possibilities of recourse to liability have those seeking advice or otherwise turned to, what […]

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 […]