Protecting Investors' Rights

In the view taken by the leading publication in the legal industry, “JUVE Handbuch Wirtschaftskanzleien 2006/2007”, the handbook of the law firms specializing in commercial law, Nieding + Barth Rechtsanwaltsaktiengesellschaft is one of the three leading law firms committed to protect the rights of investors in Germany. Our attorneys have been representing private and institutional investors for more than fourteen years now. We consult our clients on a whole range of issues, across the entire range of banking, stock exchange and capital market law as well as on those aspects of corporate law that pertain to the capital market (please click here for more information on these fields).

Moreover, Nieding + Barth Rechtsanwaltsaktiengesellschaft also provides consultancy services to stock corporations and institutional equity investors, national and international financial intermediaries such as pension funds and hedge funds, capital investment companies and similar institutions in preparing and implementing their annual meetings of shareholders. In this context, the in-depth knowledge and experience that our law firm’s members have acquired as representatives appearing at annual meetings on behalf of the shareholders organized in the association Deutsche Schutzvereinigung für Wertpapierbesitz e.V., and as representatives of institutional investors, has proven a valuable asset time and again. In particular in the field generally referred to as “shareholder activism”, the approximately 150 annual meetings per year that we attend has enabled us to gain experience and knowledge to an extent that any other German law firm active in the field of investor protection will be hard put to compete with. Since 1994, we have thus represented private and institutional investors alike, be they pension funds from the United States or any other financial intermediaries, and have enforced their rights.

Nieding + Barth Rechtsanwaltsaktiengesellschaft is member of many renowned organizations promoting the interests of institutional and private investors. This includes, citing but a few examples, Deutsche Schutzvereinigung für Wertpapierbesitz e.V., which is Germany’s premier association of stockholders, and the Deutsche Anlegerschutzbund e.V. protecting investors. In the interests of protecting investors’ rights, Nieding + Barth makes sure to collaborate closely with all institutions of the judicial system, starting with the police (in particular the Bundeskriminalamt, the German Federal Police Office and the Landeskriminalämter, Police Offices at the Land level) up to the Bundesanstalt für Finanzdienstleistungsaufsicht (BaFin, Federal Supervisory Office for Financial Services).

Some examples of the fields in which we have assisted our clients:

• Class action suits (among others, Deutsche Telekom AG, Phoenix Kapitaldienst GmbH, Euro-Gruppe, AMIS-Gruppe, Gontard & MetallBank AG (in liquidation), Gold-Zack AG (in liquidation) etc.)
  etc.)
  
  Prospect liability;

  Compensation for damages, for example due to investment fraud;

  Represented in insolvency proceedings / creditors’ committee;

  Joint agent appointed in accordance with the Schuldverschreibungsgesetz (German debentures law).
  

• Shareholder Activism
  We represent private and institutional shareholders at an average of 150 annual meetings of shareholders and actively safeguard their rights. This includes:

  Acting as proxies in the annual meeting / addressing the AGM with statements;

  Filing motions to have special audits instituted;

  Squeeze-Out consultancy;

  Representing investors in proceedings before the “Spruchstelle” board on matters of stock corporation law in order to obtain higher settlements;

  Safeguarding stockholders’ rights in transformations and amalgamations;

  Corporate Governance consultancy;

  Consulting for, as well as organizing and implementing, regular and exceptional meetings of stockholders.
  

• Closed real estate funds (Dreiländer-Fonds, Falk-Fonds and others) as well as loan-funded “junk properties”

  Flawed investment advice;

  Prospect liability;

  Retraction / termination of shares;

  Defense against demands for additional funding;

  Representation in meetings of shareholders;

  Representation in insolvency proceedings.
  

• Open-ended real estate funds

  Violation of the investment agreement;

  Prospect liability;

  Flawed investment advice.
  

• Corporate shareholdings (among others, Göttinger Gruppe, Wohnungsbaugesellschaft Leipzig West AG, Südwest Renta)

  Flawed investment advice;

  Prospect liability;

  Retraction / termination of shares;

  Defense against demands for additional funding;

  Defense against detrimental shareholders’ resolutions;

  Representation in meetings of shareholders;

  Representation in insolvency proceedings.
  

• Investment funds (securities funds, stock funds, annuity funds, option funds,
  funds working with stock traded on the "Neuer Markt" stock exchange, etc.)

  Infringement of the investment agreement;

  Prospect liability;

  Flawed investment advice.
  

• Banks, savings and loan associations

  Flawed investment advice;

  Flawed asset management;

  Flawed terminations of loans;

  Flawed bonds;

  Violations of the Scheck- und Wechselgesetz (German law on checks and bills of exchange);

  Loan-financed fund shares / junk properties;

  Revocation of doorstep transactions;

  Defense against immediate execution proceedings.
  

• Gray capital market

  Flawed investment advice;

  Flawed asset management;

  Damages for capital investment fraud, breach of fiduciary duty and embezzlement.