As a result of the insolvency of the so-called “Neobank” Nuri GmbH, Eser receives inquiries from aggrieved customers on a daily basis. These explicitly ask for legal exit and reversal options.
In this respect, the main question is whether Solaris Bank AG is liable, i.e. whether there is actually a legal basis for damages, for example.
In this respect, Attorney Eser recommends taking a look at the imprint information at Nuri GmbH.
There it is explicitly emphasized that Nuri GmbH is or has been active as a so-called tied agent under the so-called “liability umbrella” of Solaris Bank.
In the imprint of Nuri GmbH it says as follows:
“Nuri GmbH offers brokerage transactions for the purchase and sale of financial instruments in accordance with Section 1 Paragraph 1a Sentence 2 No. 1 KWG and acts exclusively in the name and for the account of solarisBank AG and in accordance with Section 2 Paragraph 10 KWG as “Bound agent” of Solarisbank AG is entered in the public register maintained by the Federal Financial Supervisory Authority on the Internet. The register can be viewed at www.bafin.de.”
In the opinion of Attorney Eser, it is therefore absolutely clear that if a breach of duty by Nuri GmbH can be proven, such as incorrect information or concealment or trivialization of risks, then Solaris Bank AG is legally responsible for the damage that has occurred.
As part of the legal work-up, the statement made by Nuri GmbH would then have to be evaluated that freezing the crypto assets is impossible and that they can be accessed at any time.
Such information is obviously inaccurate and, in the opinion of Attorney Eser, a reason for a liability for damages.
So if there is a liability case, Solaris Bank AG would then be the right opponent.
The tied agents act in the name and on account of the liability umbrella. In liability cases, customers can therefore contact the liability umbrella directly and make use of it, according to Eser.
Eser Lawyers offer a first free consultation an.
In this respect, we check whether the contract can be canceled and whether claims for damages for reversal exist.
Correspondence with any existing legal protection insurance is also free of charge.