Specialist solicitors compensation for MPC ship fund investors prevail in the Fund MPC open fleet – MS “Santa B vessels” GmbH & co. KG-invested investors in the years 2006 and 2007 over 177 million. Whether she will see anything again from this money, written in the stars. Because with his 14 ships, the Fund is in economic difficulties. The revenue fall far behind the forecast assumptions, the loan return has ground to a halt, distributions are not possible. The total loss of their deposit threatens investors lack prospects for an increase in Charter revenue.
Claims for damages due to incorrect advice and prospectus errors on behalf of clients who participate in the Fund, we have the prospectus of the Fund MPC open fleet – MS “Santa B vessels” GmbH & co. KG – tested and we believe that both brochure defects and faulty investment advice found. Both justified claims for damages. Only 70% of the investor money flowed into the ship investment the prospectus must be according to the case-law determine the Bundesgerichtshof without large amount can be what part of the capital raised by the investors valuable flows into the ship investment and consumed what part of not investment purposes, so-called soft costs. This point also the advisor who recommends the system. The prospectus of the Fund “MPC open fleet”-MS “Santa B vessels” GmbH & co. KG – does not contain such a statement. Only through separate calculations this can determine.
The result terrifying from investors point of view: 30% of the to be applied by investors Kommanditkapital incl. premiums was spent on soft costs. Only 70% actually flowed into the purchase of vessels. 26.5% of investor money flowed in sales commissions Bank Advisor must indicate the Kickback case-law of the Bundesgerichtshof always, which commissions their bank or savings bank, receives for providing a Fund share. Non-bank Adviser must according to the case-law of the Bundesgerichtshof expressly point out, if the share of distribution costs on by investors applied capital more than 15%.