Lawyers for banking law and capital market law in Berlin

  • Versicherungsrecht I HMRP Rechtsanwälte Berlin

§ Section 31 WpHG - (Securities Trading Act)

An investment services company is obliged to provide investment services and ancillary investment services with the necessary expertise, care and diligence in the interest of its clients (.....).

"When giving investment advice, a bank must take into account the customer's level of knowledge - which may have to be inquired about - about investment transactions of the type envisaged and the customer's willingness to take risks ('investor-friendly' advice); the investment object recommended by it thereafter must take these criteria into account ('object-friendly' advice)."

BGH, Urteil vom 06.07.1993, Az.: XI ZR 12/93

Benefit from our expertise and many years of experience

We can draw on many years of experience in almost all areas of banking law and capital market law, including investment law. We advise and represent investors nationwide in disputes with financial service providers, banks, insurance companies, investment companies and other providers. Our clients include private investors, institutional investors, family offices, foundations, companies and municipalities.

We represent our clients in the following areas, for example:

  • Financing, refinancing, loan agreements and loan collateral, termination, revocation and rescission of loan agreements, recovery of loan processing fees and similar charges,
  • Breaches of duty in investment advice and investment brokerage,
  • Financial instruments, securities transactions, equities, new issues, bonds, SME bonds, synthetic bonds, foreign bonds (Greece, Brazil and Argentina), reverse convertible bonds, certificates, profit participation certificates, profit participation rights, derivatives, forward transactions, futures, option rights, warrants, swaps,
  • Asset management and wealth management,
  • Participations, fund participations, closed and open funds, investment funds, equity and bond funds, media funds, ship funds, real estate funds, life insurance funds,
  • Pension models,
  • Real estate investments, financed condominiums, developer and builder models,
  • Crowdfunding.

Capital investment law is characterized by a proliferation of casuistry. For investors, the case law of the regional courts, higher regional courts and the Federal Court of Justice is no longer manageable. The exact knowledge and application of the decisions is indispensable for a promising representation of interests. Investment models, such as closed-end funds, harbor numerous risks for the less experienced investor, which often only become apparent many years later. Due to possible personal liability often unpleasant surprises. Depending on the legal form of the investment, the risk of loss can even exceed the invested capital. For some years now, film and media funds in particular have been getting into financial difficulties, especially due to tax disqualification of the defeasance structure. Not infrequently, tax disadvantages, interest losses or, in the worst case, the (partial) loss of the invested capital are the consequences for the often deceived investors. We also represent the interests of shareholders of distressed real estate funds, ship funds or life insurance funds. Here, in-depth knowledge in the area of restructuring can be just as effectively incorporated for our clients as an elaborate network to credit institutions.

We examine your claims in all capital investments against the responsible parties and enforce existing claims out of court or in court against the parties involved. In doing so, our focus is always on the subsequent enforceability and enforceability of your claims.

Contact now!
Do you have a legal problem or need legal advice?
Contact now!