by lawyer Martin Arendt, MBL-HSG
The district court Munich I has rejected the appeal of the Alpina GmbH & Co. KG asset building plan 4 ("capital accumulation plan Alpina 4 KG") against a ruling of the district court of Munich. The measures of Klaus and Mrs Pitter-Kilfitt Anouschka Wittke led icon group (www.icon-gruppe.de), Oberhaching, belonging Alpina wealth accumulation plan 4 KG can therefore no longer contributes require the defendant investor. The revision was not approved by the Landgericht München I (Judgement of 18 March 2010, Az 31 S 4068/06).
The district court assessed the grossly misnamed "wealth accumulation plan" described participation as unethical. In the opinion of the court "the accession of the defendant company by a serious disparity of opportunities and risks identified, which is classified as immoral within the meaning of § 138 BGB is. The Court refers to the approach set out by the court appointed expert fees structure, refer to the founding shareholders "regardless of the economic success of the applicant" so-called "placement costs in the amount of 25.278%. Investors bear the other hand, the risk of total loss and the margin requirement, and "mostly one-sided" the risk of insolvency, without influence on the investment strategy and to the management.
The Regional Court Munich I make the findings of the expert as its own and comes to the conclusion:
"the unequal overweight similarities of the distribution of opportunities and risks and the concealing of the unequal weight components of interest and related breach of the chosen design to structural principles of company law therefore lead in the opinion of the Board on the legal consequence of the ineffectiveness (§ 138 BGB). "Given had on the criminal conviction of Mr. and Mrs. Klaus Pitter-Kilfitt Anouschka Wittke not be received (in 2002 by the District Court Munich had been convicted of unauthorized banking transactions for several months of imprisonment). has
0 comments:
Post a Comment