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On June 25, 2020, WIRECARD AG filed an application for the opening of insolvency proceedings at the competent district court in Munich due to imminent insolvency and over-indebtedness. As a result, the price of the WIRECARD share almost completely collapsed. In the meantime, the share is no longer tradable on the market. Against the background of the opening of insolvency proceedings, a claim against WIRECARD AG is no longer legally possible. Claims against WIRECARD AG are to be filed within the framework of the insolvency proceedings. Originally, the insolvency administrator had set a deadline of October 26, 2020 for filing claims for damages in the insolvency proceedings. However, as the investigation proceedings are still ongoing, claims can still be filed in the insolvency proceedings without any problems.
The investors of WIRECARD AG (shares/derivatives) are in principle not creditors in the insolvency proceedings of their own AG. But: The investors are entitled to claims for damages against WIRECARD AG due to the many years of balance sheet manipulation of which the Management Board and the Supervisory Board of WIRECARD AG are accused. And with these claims for damages, the investors are creditors in the proceedings of WIRECARD AG.
We are of the opinion that it is worthwhile to file one’s claim in the insolvency proceedings of WIRECARD AG. Despite the high level of over-indebtedness of WIRECARD AG, we are convinced that at least a proportional payment from the insolvency estate can be expected.
You can file your claims in the insolvency proceedings of WIRECARD AG yourself and do not need a lawyer for this. However, since the filing must be substantiated in a manner similar to a statement of claim, we recommend that you have the filing done by a lawyer.
If you wish us to file the claim in the insolvency proceedings on your behalf, we request that you grant us the mandate by returning the signed power of attorney and revocation notice as well as copies of all your purchase statements.
A lawsuit against EY is also possible and sensible despite the initiated KapMuG proceedings, as otherwise there is a risk of a considerable loss of time. If you would like to have your claims for damages examined free of charge and are also interested in taking legal action against EY, you can find more information here.
The Munich Regional Court has initiated KapMuG (Capital Investor Model Proceedings) proceedings in the Wirecard case. In this type of proceeding, all claims against EY for damages in connection with the Wirecard insolvency are to be bundled. Further information on this can be found here.
Schirp & Partner Rechtsanwälte mbB
Leipziger Platz 9
10117 Berlin, Germany
Phone: +49 (0)30 – 327 617 0
Fax: +49 (0)30 – 327 617 17
E-Mail: mail@schirp.com
Please take note that we can not answer consultatively here. If you happen to request that anyways, you may give us full power of attorney. For that, simply download this form, sign it and return it to us.
The business magazine “Capital” and the market researcher Statista annually select the best law firms in seven disciplines.
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Schirp & Partner represent an Anglo-Saxon financial investor making new purchase offers for P&R insolvency claims.