German Federal Supreme Court shows barriers which had liability of fund investors on the second civil Senate of the Federal Supreme Court to decide which turned against the recovery of profit independent distributions of ship investment company in a matter of an investor. The situation has been that a fund company demanded payment of distributions by the investors. The second Civil Chamber of the Federal Court in this matter has decide that only profit-independent distributions can be recovered by an investor as limited partners if any such claim arising directly out of the social contract. In the underlying social contract, initially found a rule requiring the ship Fund independently proven cannot distribute profits or losses to investors, inasmuch as it allows the liquidity. Further regulations concerned the conditions for profit independent withdrawals first and foremost. After economic problems occurred for the fund company, decided the recovery of independent income distributions paid to investors as shareholders the general meeting of shareholders.
But the second civil Senate of the Federal Supreme Court considered the recovery as unjustified, because the social contract not sufficiently fixed a repayment claim. In particular, it was not to remove that entitlement to the recovery of dividends according to the judge those rules of the articles of Association. The need to examine the basis of the Treaty on which the Fund management company relies, arises for investors who are exposed to recoveries of distributions. An experienced lawyer can determine whether claims for recovery a fund company actually exist or how high are the chances for a successful enforcement of any claims for damages against third parties. see You too: Vorsicht_bei_R%C3%BCckforderungen_von_Aussch%C3%BCttungen-Bundesgerichtshof_zeigt_Schranken_der_Haftung_von_Fondsanleger_auf.html author and contact person: Ralf Renner – a trained banker and lawyer – lawyer Tel.: 030 / 810 030-22 E-mail: lawyer Ralf Renner represents a variety of damaged investors.
Legal issues of closed-end Fund, where he has extensive years of experience are the specialty of lawyer Ralf Renner. In these contexts, investors in a lawyer approach, if you want to check what rights and claims exist. Blanket statements prohibit themselves? In any case, an individual assessment is offered. Firm Renner we are a law firm specializing in the areas of capital investment law. Our self understanding, legal work is a legal service, which has to be aligned with the needs of the client. We would advise you legally at an early stage to help avoid litigation. Because in everyday life an imbalance in favour of the better informed and advised. We want that from the outset this imbalance not payable affects. Inasmuch as a judicial confrontation is inevitable, we of course nationwide represent in court.