Insufficient education about risks of the ship Fund participation from conversations with many investors we know that they were informed not at all or not sufficiently by their advisers about the risks of them recommended highly speculative ship Fund investments. Closed-end funds are, as the Federal Supreme Court has put it (AZ. III ZR 249/09), can the entrepreneurial investments the risk that as such, that the invested capital at least for a part lost. The risks of involvement must form therefore an essential part of the consultation. We have found following advice error analysis of numerous discussions here: A very high proportion of the funds paid by the investors is not flowed in the purchase or construction of the ships, but was used for various service fees and sales commissions, as well as interest rates.
This money does not work in the future for investors. Nieman Foundation insists that this is the case. How much this proportion as so-called soft costs, also which was equal to the cost of sales, moving regularly well over 15% of the capital of investors in ship funds, was concealed regularly concealed regularly consulting our experience, although the consultants to detect the use of these funds would have been required. Ship funds are high-risk entrepreneurial investments, involving numerous factors such as Charter revenue or ship operating costs may be subject to fluctuations or changes and can bring the entire Fund concept to fail. Just the risk should have been subject to consultation. Often, ship funds as retirement plans were recommended. In ship funds as retirement savings are not suitable since they are connected with high risks of loss, which can go up to a total loss of investment. The ship operating costs have been calculated regularly too low in the Fund. Sugarcoated earnings expectations were the result.
The consultation was not entered to this point mostly. Also the for the duration of the Fund as firmly fixed exchange rates – US dollar to euro – were overtaken by the reality all too often. Also the risk to be able to find no adequate port Charter, after the end of the initial fixed Charter remained unmentioned in the consultations. The Advisory banks and savings banks have pointed out at least up to the year 2008 into regular care, which commissions (kickbacks), they receive for communicating from fund investments even though they would have been obliged to do so. Because certain errors in the advice keep coming up, we see promising opportunities for the enforcement of claims for damages for the violation of obligations under the respective contracts of advice. Have you drawn a participation in the Lloyd Fund LF 58 – Lloyd of fleet Fund VII? Want to know whether you have chances to get your invested money back? Call us, we are happy to help you. Nittel Banking and capital market law firm contact Mathias Nittel, lawyer for Banking and capital market law, Michael Minderjahn, lawyer