Total loss of the ship Fund is no longer to avert by letter of January 18, 2012 Beteiligungsgesellschaft MS investors were “Santa-B ships” mbH & co. KG (MPC open fleet) is placed on knowledge, that the decisions for the renovation were taken while in September 2012, failed participation in the capital increase with approximately 28% but much too low, and thus the restoration failed. Now the banks offer, asserting the liability of investors to waive, if a decision is taken, that all 14 ships were for sale. Why it was the renovation concept at all decided? According to the Protocol of decision of September 28, 2012, the conditions were as often in such public companies: about 41.5% of the investors had granted the trust limited partner instruction as to vote was. 57.5% of the investors, however, had not at all or not expressly instructed the TVP.
Such resolutions are possible alone by the Treuhand limited partner participation, because the necessary participation will also ever made. That is the trust limited partner in voting that a relatively small number of votes is decisive for the decision making. It was also here that the 35% of the members, who agreed to the restructuring, were just the majority. According to Michael Minderjahn, the investors in Nittel Firm specializing in banking law and capital market law looked after, it is no wonder. Although the assumptions of the restructuring concept were abundantly optimistic, you can also of course be split view.
However many investors Act way more understandable also the principle of hope. The total loss is not more to avert is clear for Mahmud: through the sale of vessels, unless he should be decided, only the banks helped. No investor should more hopes embrace, that sale can bring as much revenue, that anything else would be to distribute.