MPC Disciple Hans Ships (MPC Fund 128)
Threatens total limitation of claims for damages – limitation period exactly 10 years after the consultation round 36.1 million investors have until 31 December 2002 in the MPC Fund 128 MPC disciple Hans ships (Beteiligungsgesellschaft disciple Hans MPC mbH & co. KG) invested, which is thus four one-ship companies participating. The ships are the MS Antares J, MS auriga J, MS Corona J and MS crux J, four container freighter, operated in a revenue pool. The obtained Charter rates below the forecast dramatically which, so that already in 2010 no loan repayment more could be done. Therefore already rd. 1.8 million had to be applied renovation capital ships MS auriga J and MS Antares J not to fail. Whether this is sufficient to save the Fund over the long term is by no means certain given the disastrous situation on the global ship markets. Wrong advice and prospectus errors justify claims for damages of the investors according to our experience, investments were mostly distributed by savings banks.
As long as they at all to investors the risks of highly speculative ship funds declared in particular the following deficiencies were in discussions to determine: the cost of sales was not disclosed to investors. This, after all, amounted to almost 24% of the investors capital. This, the savings banks, which have been their customers for subscription the Fund, have received a substantial part. In ship funds, the Commission rates were normally between 11% and 15% of investor capital. About this so-called kick backs they had must inform their customers who trusted in an objective advice.
The Kickback case-law of the Bundesgerichtshof, the no-show Consulting has mandatory damages of the investors with the consequence. The soft costs amounts to about 31%, so out of every euro drawing sum already after the prospectus only 69% valuable invested in vessels. Also on this point for the assessment of the profitability of investment, investors were not informed. The prospectus for this reason among others contains an error, because the premium as revenue is shown. As a result, also the distribution costs not real were expelled and thus obscured to the investors. Threatens total limitation of claims for damages – limitation period exactly 10 years after the consultation we urge concerned investors promptly by specialized lawyers for banking and capital market law to check, whether they can claim. Due to the statutory period, the so-called total limitation occurs exactly ten years after the investment advice or the drawing of this participation. After that, no claims can be made more claims against the respective consultants, nor against the founding shareholders of the Fund as a contractual partner of acceding investors. Therefore there is this Fund. We are for an assessment of your individual options available.
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