Atypically participation and Kommanditbeteiligung satisfies - age precautions � la Frankonia

Logo of the BSZ� registered association. (openPR) -, than �pre �the two products of the W�rzburger Frankonia group give more concerns to many investors: atypically participation and (indirect) Kommanditbeteiligung satisfies.

In now three tenth the year the societies of the W�rzburger offer Frankonia group of plant products, which acquire the investors frequently as allegedly safe age precaution: It began at the end of of 1994 with the Frankonia directly AG, which offered so-called atypically quiet participation in its corporation. 1998 atypically quiet participation in the Frankoniawert AG followed, 2001 at the Frankonia real value AG as well as at the end of of 2002 at the Capital real value Alliance AG & CO. Kg (holding funds IV and V).

Since during an atypically quiet participation of the investors like a joint contractor of the society one treats, this plant form for it is connected with not insignificant disadvantages. Thus the atypically quietly taken part one carries in the long run - at height of its participation - the losses of the society. Furthermore generally also a total loss risk exists. Therefore atypically quiet participation for the age precaution is unsuitable. This was already several times judicially confirmed. Thus determined for example the OLG Munich in its judgement of 29.05.2006 that atypically did not satisfy participation in principle when means are suitable for the age precaution. In the same way the regional court Stuttgart in a judgement of 14.12.2004 had already stated that it concerns with an atypically quiet participation a speculative enterprise participation, which is not suitable for a safe age precaution, because the loss of the assigned capital threatens up to the total loss.

It therefore does not surprise also that already early in the relevant technical literature criticism was expressed. Thus for example financial test in its expenditure called the conclusion of an atypically quiet participation in the Frankonia real value AG from June 2001 �risky participation �.

�Perhaps also, because atypically quiet participation was too open to attack �, so attorney and BSZ� confidence lawyer Andreas K�pke of the Kanzlei B|G|K|S of attorneys specialized in the investment right changed, �the Frankonia starting from the fund CSA IV the plant form since that time and - first beside that atypically participation satisfied, in the meantime exclusively - so-called indirect Kommanditbeteiligungen �drove out.

Apart from the designation of the plant form thereby above all their legal �construction changed �: While the atypically quietly taken part one (only) takes part with its fortune directly in the society, the indirect limited partner is partner of the enterprise beyond that.

However for the investor the risks connected with the participation did not change: Also the Kommanditbeteiligung saves in principle a total loss risk and is not suitable therefore as age precaution. Making more difficult it is added that a limited partner cannot take its insert off as partners simply from the society. After at present dominant iurisdiction the principles of the so-called incorrect society are to be applied also to the indirect Kommanditbeteiligung. This has the consequence that the investor cannot require the back completion of the contract as payment of damages of the society. Rather the limited partner (only) receives the so-called argument assets. Thus however the height its depends �payment of damages �on the present value of its participation.

In summary, are thus both by the Frankonia offered plant forms - both those atypically quiet participation, and the indirect Kommanditbeteiligung - for the investor with substantial risks connected and as age precaution unsuitable. Actually the legal situation for the limited partner is even still substantially more unfavorable opposite the atypically quietly taken part one.

�However �, so attorney and BSZ� registered association Verrtrauensanwalt Jakob roaring man of B|G|K|S of attorneys are �also conceivable with indirect Kommanditbeteiligungen in principle claims for damages against the initiators of the society and/or against the investment consultants, in full height of the insert. �

Concerned ones can follow the BSZ� registered association investor protective association �Frankonia real value AG ". The admission into the BSZ� investor protective association costs uniquely 75.00 euro. This amount covers the handling charges of the BSZ� registered association. The further membership in the investor protective association is noncontributory. The requirement examination of the case by the attorneys does not release separate costs.
BSZ� federation for social and civilian right consciousness registered association.
Large room he STR. 36 A, 64807 the castle
Telephone: 06071-823780
Internet: www.fachanwalt-hotline.de

More directly left to the form for announcing for a BSZ� investor protective association:
www.fachanwalt-hotline.de/component/option,com_artforms/formid,4/Itemid,106

BSZ� federation for social and civilian right consciousness registered association.
Large room he STR. 36 A, 64807 the castle
Telephone: 06071-823780
E-Mail: bsz-ev@t-online.de
Internet: www.fachanwalt-hotline.de
Partner: Refuge Roosen

For the concerning of distressed investments frequently the question arises, how they are to behave, if the plant problems raises or stands before the total loss. To whom are they to turn Are they to throw to the bad still good money afterwards In this situation important arguments for the entry to a BSZ� investor protective association speak.

It showed itself in the past years that circumstances become in connection with distressed investments ever more complex and more complicated. For the decision over the concrete procedure it is therefore helpfully, as much as possible provable information for example over internal procedures with the investment trust to have over possible misdemeanours of the responsible persons or over the economic efficiency of any requirement opponents. Straight if many investors to a community unite, let themselves from this circle numerous useful information be collected. The BSZ� community of interests is for this approach place and forum.

With the provision of information alone it is however not yet done. For an expert support each individual case must be legally evaluated. Specialized attorneys procure this on the investment right.

The BSZ� registered association co-operates with Kanzleien, that belong to market watchers in this range in the opinion of to the best ones in Germany.

The lawyers have experiences of many years within all ranges of the investment right; they proved their abilities in addition by a multiplicity of upper or of the supreme court to judgements and by hundreds of comparisons for their mandators. The BSZ� registered association obtain the contact to those lawyers, who care for the community of interests concerned.

For the unique entry fee at a value of � 75.00 to a BSZ� investor protective association gives it the following achievements:

A anwaltliche Erstberatung, which points out,

� whether requirements exist,
� against which persons, enterprises and institutions these requirements are directed,
� the chances of success are as large and
� the risk of costs prosecution out of court or of a judicial is as high.
� For legal protection-insured investors a covering inquiry with the insurance

The BSZ� registered association does not co-operate with persons or enterprises, who develop, initiate or obtain investments. Therefore the support is comprehensive and not in any way reduced in the context of the investor protective associations.

The executive committee of the BSZ� registered association is independent and not instruction. Therefore it is free in the decision, which lawyer or which Kanzlei cares for an investor protective association.

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