It is much more important that the effectuation of mandates through such mass circular unnoticed of course not. So of course investors in their consultant, contact to learn what they should think. From our point of view is to be feared that in the future are those consultants (be it banks, savings banks or independent financial service providers), which then taken will claim damages, can claim and that the mandate of the lawyer because of invalidity do not insist. In information services of the consulting industry is already called. Especially when it actually comes to the inhibition of the limitation of such claims, this plea for the affected investors can have disastrous consequences: measures such as legal proceedings are instituted, a quality application or complaint to an Ombudsman’s Office can be simply ineffective.
There is a We believe that after even the danger that such a defense can only is collected in the second instance when investors probably already reached a judgment in its favor. Consequence: the claim that he was even entitled, can be made more valid! There, it doesn’t help much that the lawyers by law must have professional liability insurance, because they regularly also not voluntarily pays. Also then the question should arise, whether it is at all admission subject to intentional violations as mass advertising to individual mandates. Investors should check! Investors who have their trust because of such mass a firm – mostly due to the carefully created uncertainty – circular, should check that it whether they want to cling to the order given by them. If they make their decision in question, the right to terminate without notice according guests to section 627, paragraph 1 BGB. However consider the advice of a lawyer before her Confidence – meaningful way should be of course specialized in banking and capital market law – seek, which draws attention to the aspects to be observed. Any questions should be remained, speak like us! Nittel Banking and capital market law firm contact Mathias Nittel, lawyer specializing in banking and capital market law, Michael Minderjahn, lawyer