After a capital investment in the form of a subordinated loan, which was concluded by HSB Finanzhaus GmbH in 2012, became due in the course of 2020, the investor represented by RA Alexander Meyer had to determine that in April 2020 the opening of insolvency proceedings for the company’s assets was rejected due to insufficient assets .
The financial position of HSB Finanzhaus GmbH was so thin that not even the costs of the insolvency proceedings, let alone the repayment of the almost six-digit investment amount, could be raised.
Contractual claims against HSB Finanzhaus GmbH would therefore only exist in the amount of the insolvency quota and rank of the claim asserted. In addition, a creditor would have to advance the procedural costs and then, in the context of the contestation and assertion of claims by the GmbH, hope that enough assets will come together to be able to service his claim.
Access to the body of the GmbH
After examining the contract documents, however, there are good chances of breaking the liability cover of the GmbH and asserting claims directly against the organs.
These arise from a tortious point of view, so that even insolvency proceedings over the assets of the organs and a discharge of residual debt granted here do not affect the claim of the creditors according to § 302 No. 1 InsO.
Hurry
HSB Finanzhaus GmbH took out the subordinated loan between 2011 and 2014. The regulation of Section 199 Paragraph 3 Sentence 1 No. 1 BGB also applies to tortious claims against the organs, according to which other claims for damages, regardless of knowledge or grossly negligent ignorance, expire ten years from their occurrence. The question of when the damage occurred to the investor is decisive for the occurrence of damage to be determined on the exact day, and thus the statute of limitations.
Should participation in the HSB Finanzhaus GmbH in 2011, there is a risk that the statute of limitations will commence 10 years after the conclusion of the contract. The judicial enforcement is then no longer possible if the debtor objects to the statute of limitations.
Recommended action
Investors who have granted subordinated loans to HSB Finanzhaus GmbH or the managing director Andreas Vick or who have concluded other capital investments should act immediately and have their options for action examined by a lawyer specializing in capital investment law with the aim of getting the paid-in capital back through claims for damages.
Free initial assessment by specialist lawyers
As part of a free initial assessment, the specialist lawyers at Bellmann Rechtsanwälte review the options for investors concerned.
Your advantage
As specialists in banking and capital markets law, the professionals at Bellmann Rechtsanwälte have the relevant expertise and can effectively support investors in asserting their rights and claims.
–
