Investment Offers: The agent does not need to verify the certificate

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Written By Rivera Claudia

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Container. A buyer of containers from the insolvent P&R Group sued its agent but lost in Federal Court. © Getty Images/artpartner-images

Container buyer took broker to court

Investment intermediaries do not have to point out that the auditors have not fully certified the annual financial statements of companies offering financial investments. The Federal Court of Justice (BGH) ruled on this on 21 March 2024 (ref. III ZR 70/23, III ZR 71/23 and III ZR 72/23). In this case, a client claimed compensation in vain. He had containers from companies P&R Group, which is now insolvent with limited certificates.

Possible warning sign for critical points

Auditors may also point out critical points or fail to provide the certificate in full. Both are rare and could be a warning sign.

Tip for those interested in investment offers

Before investing, check for yourself whether there are any indications, restrictions or even flaws. You can find annual financial statements and certificates, for example, in annual reports, sales brochures or in the business register of the Federal Gazette.

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