Investor Protection Lawyer – The topic of investor protection in Germany, as a component of banking and capital market law, is becoming increasingly important in today’s world. More and more frequently, investors find that their investments do not perform as promised or are lost altogether.

Topics in our legal advice

It is not uncommon for investors to even fall victim to fraudsters and turn to a lawyer in investor protection law. But what is the real state of investor protection? What is the legal situation in Germany? And who represents your interests in addition to a lawyer in the event of a dispute? This guide provides you with all the important answers to your questions on the subject of investor protection.

Table of contents

  1. Investor Protection Lawyer
  2. Investor protection in Germany
  3. Consumer centres can help
  4. Contact an investor protection lawyer
  5. Investor Protection Banks
  6. Conclusion, tips and advice

Investor Protection Lawyer

Investor Protection Lawyer – Well, the legal protection of investors starts even before you make your investment. It doesn’t matter whether you want to invest in a real estate fund, a ship fund in shares or bonds: If this investment is recommended to you by an intermediary or banks, they must provide you with comprehensive advice and inform you of all risks.

The investor must be put in a position to overview all aspects of such an investment. In particular, the intermediary must also take into account the investor’s personal situation when giving advice.

“Anyone who has relied on investment tips from their banker or intermediary and later incurs losses needs competent advice on investor protection.”

Lawyer Wolfgang Herfurtner

If someone is looking for a conservative investment for old-age provision, the intermediary may of course not recommend a highly speculative share deal. If the intermediary himself profits from his recommendation, e.g. by receiving a commission when concluding the recommended investment, he must also disclose this.

Only in this way can the investor recognise the intermediary’s self-interest and take this circumstance into account in his decision-making.

The legislator and the courts have created a large number of protective mechanisms in investor protection to prevent investors from being offered products that do not meet their personal needs.

The potential risk of an investment should also be made clear to investors. But it is not only your advisor who must fulfil these information duties in investor protection.

Investors must also be able to obtain written information. For many forms of investment, it is therefore even obligatory to inform potential investors about risks and many other details in advance by means of comprehensive prospectuses.

Investor Protection in Germany – Authorities Monitor Financial Service Providers

When it comes to investor protection in Germany, the legislator has also ensured that not just anyone can operate in the financial services sector. In many cases this requires a licence.

With this licence, the financial service provider is subject to further laws which are intended to protect the consumer. In Germany, compliance with these investor protection laws is monitored by special authorities, such as the BaFin (Federal Financial Supervisory Authority).

Anyone who violates the applicable laws is threatened with the loss of their licence. The BaFin is emphatically close to the people. Complaints can be forwarded directly to the authority by private individuals. If the authority then sees a justified suspicion that a financial service provider has not adhered to the rules, BaFin initiates appropriate investigations.

The same also applies if financial services are offered without a licence. The offenders are then threatened with fines in the millions for investor protection.

Consumer centres can help

Of course, it happens regularly that providers of financial services do not play by the rules. Often these are only minor offences that put the individual investor at little disadvantage.

There is then little incentive for investors to enforce their rights on principle. And it is precisely from this that large companies benefit – investor protection suffers.

Because even a small violation that only grants the company a manageable financial advantage pays off at the latest when it is repeated tens of thousands of times with impunity. If such behaviour becomes public, it is often the consumer centres that take even the smallest offences to the highest courts in order to prevent the systematic disadvantage of consumers and thus also of many investors.

In case of doubt: Contact an investor protection lawyer!

Despite the many protective mechanisms that are intended to create the greatest possible transparency for investors in the run-up to their investment, it still happens time and again that investors lose their savings.

Not infrequently, it then turns out that violations of the legal requirements occurred in the course of the investor protection advice or in the further course of the investment.

However, the list of possible breaches of duty has long since become far too extensive for the aggrieved investors themselves to be able to make a reliable assessment.

Investor Protection Banks

If you suspect that your broker, bank or investment company may have acted unlawfully, you should seek legal advice.

Only a lawyer with the appropriate experience in banking and capital market law, in banking law or capital market law, can give you a reliable assessment in investor protection with regard to your possible claims.

But even before you have suffered financial damage, it may be worthwhile to seek legal assistance in investor protection. In particular, investors who have acquired shares in companies (limited partners) should not fulfil every claim of the company without checking – because these are often unjustified.

Conclusion and notes

First of all, it can be stated that the legal situation of investor protection in Germany is quite investor-friendly. There are many ways to ensure that investors have all the relevant information at their disposal before they make their investment and that they have also been informed in detail about existing risks.

Special authorities monitor the conduct of financial service providers and, if necessary, intervene if there are violations of investor protection laws.

However, all these protective mechanisms are only of benefit to the individual investor if he can effectively enforce his claims. To this end, investors should place their matter in the hands of an experienced lawyer.

The lawyers of the Herfurtner law firm will examine your documents in advance and prepare an individual offer for the enforcement of your rights as an investor.

Investor protection topics

Investor protection – A

Alpha Patentfonds
Aktienfonds Union Investment
Accessio AG
ACI Alternative Capital Invest Dubai Fonds
Aktienpower AG
Aktona Schiffsbeteiligung
ALAG Auto Mobil GmbH & Co. KG
Alpha Patentfonds 3 GmbH & Co. KG
Aquis Fonds
Atlas Fonds
Actions for annulment
Argentine government bonds
Alpari UK
Allianz Flexi Immo
Albis Capital / Albis Finance
Albis Capital AG & Co. KG
Albis Finance AG
ApolloProScreen GmbH & Co. Filmproduktion KG i. L.
Apollo Media
Asian Bamboo
Atlantic Fonds
AXA Immoselect
Agrofinanz
AGP Advisor Global Partners Fund
Aircraft fund
Adjudication proceedings
Asset management
Asset management contracts

Investor protection – B

Badenia-Bausparkasse
Banking law
BAG Bankaktiengesellschaft
Bond creditors at bicycle manufacturer Mifa
Bonds
Bonnfinanz AG
Beluga Shipping
BHW Bank
BAC Berlin Atlantic Capital
Boll Medienfonds
Bund Deutscher Treuhandstiftungen
Britische Leben
Broker IG Markets
BWF-Stiftung
Bearer bonds

Investor protection – C

Captura GmbH
China-Aktien
Charisma Immobilienverwaltung
Concordia
Container funds
CMC Markets
Capital Sachwert Alliance AG & Co KG
CSA Beteiligungsfonds 4 AG & Co KG
CFD- und Forex-Anbieter
CFD-Fonds 165
Clerical Medical Investment Group Ltd.
Corporate Governance
Concept 1
Cinerenta Filmfonds
CS Euroreal
Clerical Medical Investment Group Limited – CMI
Cross Currency Swap
Cumulus Fonds
Caviar-Creator
closed-end real estate funds
closed-end funds
Capital Investment Law
Capital market law
Company law
Credit
Commodity funds
Class action
Conversion law
Company participation
Certificate / Certificates
Commercial law
Convertible bond
Contradiction life insurance

Investor protection – D

DAB
DG Fonds
DCM Renditefonds
Debi Select Fonds
Deka-UmweltInvest CF
DM Beteiligungen AG
DKB – Deutsche Kreditbank
Deutsche PET AG
Direktbanken (Direct banks)
DOBA Fonds
DEGI EUROPA – Fondsdepot Bank GmbH
DB ImmoFlex Immobilienfonds (DWS Fonds)
Dr. Peters Schiffsfonds
Dr. Gerlich Fonds
Deltoton AG
DJE Real Estate
Dreiländer Fonds
DSK Leasing
DS Rendite Fonds
Dunning notice
Disagree life insurance

Investor protection – E

EECH European Energy Consult Holding AG
Emissionshaus Wölbern Invest
Embdena Partnership GmbH
Erste Eurowert
Euro Suisse Plus AG
Equity funds
Engine fund
Exchange futures
Endowment insurance
Environmental Fund
Early repayment fee
Early repayment fee

Investor protection – F

Falk-Fonds
False advice
Faulty investment advice
Funds
Fraud
Fund closures
Financial futures
Film Fund
Festical Film Capital Treuhand GmbH & Co. KG
Frankonia Gruppe
Fundus Fonds
Fonds Debi Select flex
FXCM
Futura Fonds
Forward-Darlehen
Fundus Fonds
Future Business
Foreign currency loan / foreign currency credit
Foreign securities

Investor protection – G

Garbe Logimac AG
Grey capital market
Garbe Logimac Fonds
Green Planet AG
Grüezi Real Estate AG
Guarantee
German Banking Act (KWG)
Government bonds

Investor protection – H

HCI Capital Shipping Select
Hedge fund
Hypo Real Estate Holding AG
Holland Fonds
Hannover Leasing Fonds

Investor protection – I

Immobiliengruppe S&K
IMRO Wohn- und Gewerbe Bauträgergesellschaft mbH
Investment fund
Investment-Club
Infinus AG
IVG Immobilien AG
Imtech
IFK Sachwerte
Investment fraud
Investor lawyer
Investor Law – Investor Protection
Investment advice
Investor- and object-oriented advice
Investments
Investment fraud
Interest rate swap

Investor protection – J

Junk real estate

Investor protection – K

Kanam Grundinvest Fonds
Kick Back
König & Cie.
KS Index Immofonds
Konzepta Grundstücksgesellschaft mbH & Co. KG

Investor protection – L

LBB Invest Stratego Grund
Life Performance GmbH
Life Trust Fonds
Lehman Brothers
Limited partner’s interest
Life insurance funds
Lloyd Fonds AG
Lease First GmbH & Co. KG
Life Forestry
Lease Trend AG
Logis Fonds
Land charge
Loan
Loss sharing

Investor protection – M

MACRON Film- und Medienfonds
Marketing Terminal GmbH
Mediastream
Media Fund
Montranus Medienfonds
Morgan Stanley P2 Value
MS Deutschland
MIG Fonds
Multi-invest
Multi Advisor Fund
Medico / Gebau Fonds
MPC Capital
MCM Capital
MCM Magdeburg
More Capital Limited
Margin call on Swiss franc loans

Investor protection – N

N1 Filmfonds
Neitzel & Cie
New Capital Invest

Investor protection – O

Open-ended real estate funds: anam US-Grundinvest, DEGI Europa, P2 Value (US-Bank Morgan Stanley), SEB ImmoInvest, CS Euroreal, Axa Immoselect, DEGI International
Oil Fund
Overcollateralisation

Investor protection – P

Patent fund
PartnerFonds AG
Patriarchal loans
PanAsiaTradingPartners / Pan Asia Trading Partners
ParkParticleResearch / Par Particle Research
Petromove
Premium Management Immobilien
Prospectus liability
Prokon-Genussscheininhaber
Prosavus AG
Provision
P&P Investmentgesellschaft
Proventus
Proven Oil Canada
PROKON Regenerative Energien GmbH
PRORENDITA
Private Equity Fonds
Premicon
Prime Select AG
Profit participation rights / profit participation certificates
Profit participation right
Profit participation certificates
Processing fees
Post-securing
Pension funds
Pension models
pre-market shares

Investor protection – Q

Quantum Leben AG

Investor protection – R

Risky old-age provision
Recovery of distributions
Refund
Reef Capital Advisors
Reverse convertible
Rip-off
Retirement provision
Real estate financing
Real estate funds
Real estate law
Real Estate Residential Fund
renewable energy fund
Retail Investor Protection Act
Real value funds
Revocation of credit agreement / loan agreement

Investor protection – S

Samiv
Sali iInvest
Scala-Verträge
Saxo-Bank
Santander SEB Kapitalprotekt
Screenland Movieworld Investitions GmbH & Co.KG
Schweizer Franken Kredit – CHF-Kredit
Ship funds
Shipping investment
Schäfer Köller – S&K
Schnee-GruppeSelect Investment Bonds
SEB Immoinvest
SEB ImmoPortfolio Target Return Fund
Sicherheits-Kompakt-Rente (SKR)
Signum Unternehmensgruppe
SHEDLIN Capital AG
SIP Grundbesitz und Anlagen AG
Selfmade Capital Invest Fonds
Silent participation
Solarworld
Solar Millennium
SHB Innovative Fondskonzepte GmbH
SHB-Fonds
Securenta AG
SHB Fonds
SWAP business
Stock corporation law and banking law
Shares
Shareholder liability
Shareholders’ meeting
Stock exchange law
SME funds / SME bonds
Subordinated loan
Secondary market for ship funds
Securities
Securities lending transactions
Soft costs

Investor protection – T

Telekom-Procedure
Telephone fraud
Total loss
Texxol
TMW Immobilien Weltfonds
Timberfarm
Tax-saving model

Investor protection – U

UBS 3 Sector Real Estate
US-Class actions
US-Life insurance – Massachussets Mutal Life Insurance Co.
UniImmo Global

Investor protection – V

Via Nova Immobilien GmbH
Verbraucherzentrale Hamburg (Consumer advice centre)
VIP Medienfonds
V+ Fonds
VW-Skandal
Voting cards (issue/fees)

Investor protection – W

Wealth Cap /wealthcap
Wind farm
Wind power fund
White-collar crime
Wirtschaftsdienst AWD
WBG Leipzig
World Media Fonds
WGF AG
Wölbern Invest