スペインの破綻して国有化されたBankia銀行が2009年から45億0000'0000ユーにのぼる、高利な定期貯金と詐欺てき商法で販売した優先株式の被害者は、詐欺やだまされた事が証明されれば、100%の元金を返還される、其れ以外は40%の損失を被りさせられる。
Bankia facilitará el arbitraje para titulares de preferentes estafados
Guindos asegura que en casos de “mala praxis” se recuperará el 100% de lo invertido
El resto asumirá pérdidas del 40%
Jesús Sérvulo González Madrid 18 DIC 2012 - 20:47 CET
Bankia facilitate arbitration for preferred holders defrauded
Guindos said that in cases of "malpractice" will recover 100% of the investment
The remaining 40% assumed losses
Jesus Gonzalez Madrid Sérvulo 18 DIC 2012 - 20:47 CET
Bankia customers to prove they were "tricked or cheated" and lacked training to understand what they were buying may recover the entire investment, rose on Tuesday as the Minister of Economy and Competitiveness Luis de Guindos.
The minister said he will push for arbitration in case of the nationalized Bankia preferred. The BFA Group issued since 2009 some 4,500 million in subordinated debt and preferred retailers. The process is done through institutions consumption autonomous communities. "It will apply to the most flagrant cases where malpractice has been demonstrated in the marketing of these products and personal circumstances in which the client was not able to understand the product," he said during his speech at Guindos the Committee on Economy Congress, where he explained that this procedure will be similar to that already apply NovaGalicia Bank (NCG Banco) and Caixa Catalunya. "Those who have been hit with an inadequate marketing and can demonstrate will be compensated at 100% nominal value of their investment," stressed the Minister of Economy.
A private expert tell you what the cases where there was fraud
The Minister anticipates the possible generalization of the case of this instrument NCG Banco intermediation. The institute has issued consumer Galician awards to 6,000 families, of the 45,000 customers affected by the preferential recover their savings. Caixa Catalunya has also seen the Catalan Consumer Board urged him to return the entire investment to 80 customers complained. It has a thousand other open cases.
One of the thorniest issues of the plan announced Tuesday by Economy is that it will be a "private adviser" which describes cases in which there has been a bad marketing preferred. It will be an independent auditor to prevent the bank protects some customers. But economics has not clarified what the criteria to filter cases. Responding to questions from the opposition, the minister said he is "open to all filters establish that [the parties] consider appropriate for the arbitration to occur for those who as a result of inadequate marketing of a product were preferred to somehow tricked or cheated. " Guindos explained that arbitration will have advantages in "terms of speed and cost of the judicial process."
The regional consumer organizations decide on arbitration
Bankia supported the arbitration notice to customers of preferred and subordinated debt placed eight savings banks founded the group. Meanwhile, Adicae (banking users association, savings banks and insurance) criticized Bankia reducing it to a small group of customers, since, in his view, "private adviser subjectively judge which cases they can access this procedure ".
moreThe arbitration key preferred victimsArbitration requires Catalunya Caixa to return the customers preferred to twelveArbitration requires Catalunya Caixa to return the customers preferred to twelve
Those investors who can not prove that there was fraud in the marketing of hybrid instruments (preference shares or subordinated debt) will receive their investment with a loss of about 40%, according to Economy said. Guindos said this handicap is lower than that prescribed in the rules on State aid public.
Bankia These customers receive shares of the new entity and the balance nationalized clean toxic real estate assets that the entity has transferred to the bad bank. "It is a compensation system preferentistas" he said to the media at the exit of the commission.
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