Schweinfurt District Court sentenced Proindex Capital AG to repay participation rights

In one of the proceedings led by lawyer Bender Regional court Schweinfurt with judgment of October 26th, 2020 (Az .: 23 O 314/20 – not legally binding – Available in full text at www.benderlegal.de), which Proindex Capital AG sentenced to repay EUR 20,520.40 from a participation right participation.

After the timely termination of the participation rights, Proindex Capital AG did not make any repayment.

It was only communicated in advance of the court that the annual result was negative, and depending on the company’s liquidity, it would be repaid over a period of around 1 to 2 years. At the same time, attempts were made to persuade the plaintiffs to continue participating.

After filing a lawsuit, the defendant claimed, among other things, that payment should be refused because a pre-insolvency enforcement block would apply. A payment in the amount of the required EUR 20,520.40 would have to be made Filed for bankruptcy will. This would also result from an as yet unpublished annual financial statement. In the absence of any further explanation, the court found this objection to be irrelevant.

Another success for the plaintiffs is the decision by the court that Proindex Capital AG must adhere to the repayment amount shown. Proindex Capital AG had claimed that the repayment amount was only EUR 14,116.95. The court did not follow this.

“The book value of the participation is to be paid out. This amounts to € 20,520.40. This follows from the notification of the defendant dated April 20, 2020 (Annex K5), in which it stated the value of the plaintiff’s participation in this amount. The defendant had to adhere to this declaration. “

Investors should take action

Investors should assert their rights to repayment after termination and not accept a statement from the company that repayment will be made within the next 1-2 years depending on the liquidity situation.

Simon Bender, attorney and specialist lawyer for banking and capital market law, is at your disposal to represent and enforce interests in connection with participation in profit participation rights at Proindex Capital AG.

The BENDER law firm offers a free and non-binding initial assessment and a Germany-wide representation an.

Get in contact with us.

Photo: Salar Baygan / Salar Baygan

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