Capital Market Law

The legal requirements for financial advisors and investment intermediaries have become more stringent in recent years. In addition to the requirement to provide advice that is appropriate to the investor and the object (BGH, July 6, 1993, “Bond Ruling”), there is now an obligation to check the plausibility of prospectuses. The so-called “kick-back jurisprudence” has concretized an obligation to provide information about reimbursements. The legal requirements have also been increased, for example with regard to the duty to provide information and documentation.

We have been advising and representing clients nationwide in cases of investment intermediary and investment advisor liability for many years. This regularly involves allegations of incorrect advice or inadequate risk disclosure when subscribing to open or closed-end funds (real estate funds, ship funds, container funds, etc.) or ETFs, the purchase of derivatives (certificates, swaps, options, etc.) or the acquisition of shares or bonds.

Fast and secure communication is particularly important in stock exchange trading. If buy or sell orders are not transmitted or executed late, or stop-loss marks are not kept, immense damages can occur. In these cases of trading delay the question arises who is responsible and who has to bear the damage. We examine possible claims and enforce them.

If a futures contract develops to the investor’s disadvantage and his margin account falls below the maintenance margin, a margin call usually follows. If the investor does not meet the margin call obligation in due time, the contract is threatened with closure and the investor can no longer profit from a price recovery. The requirements for the margin call, the closing out and the deadlines to be met are set out in the margin contract. We examine the legality of margin calls and represent out of court and in court.

The initial huge success of cryptocurrency such as Bitcoin, Ethereum or Tether has attracted numerous criminals. The alleged brokers promise huge profits and entice with cheap entry offers. If a payout is requested at some point, the perpetrators always give new excuses and demand payment of allegedly incurred fees or taxes. Not infrequently, the aggrieved parties are finally also lured into money laundering.

We verify the seriousness of investments in cryptocurrency and advise and represent in the case of crypto fraud, from filing a report to enforcing claims for damages. This includes communication with the crypto exchanges and banks involved as well as the criminal investigation authorities.