SCHIRP & Partner Rechtsanwälte mbB – EN - Kontakt
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Contact us

We’re there for you and look for­ward to your mes­sage. This is how you can reach us:

Tele­fon: +49 (0)30 – 327 617 0

E-​Mail: mail@​ssma.​de

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Our Achievments

Since 1994 our law firm Schirp & Part­ner suc­cess­fully ad­vise our cli­ents re­gard­ing all ques­tions as­so­ci­ated with cap­ital in­vest­ment law, bank­ing law, com­pany law, in­solv­ency law and tax law. We have been able to take credit for nu­mer­ous accomplishments.


Out-​of-​court set­tle­ment for poli­cy­hold­ers of ten ma­jor insurers.


Suc­cess­fully im­ple­men­ted a re­struc­tur­ing concept for bond­hold­ers of René Lez­ard, as a joint rep­res­ent­at­ive of the bondholders.


René Lez­ard – Bond: Law firm Schirp & Part­ner elec­ted joint rep­res­ent­at­ive of the bondholders.


Out-​of-​court set­tle­ments can be con­cluded for 160 in­vestors in the funds Real Es­tate De­vel­op­ment In­dia I GmbH & Co. KG and Real Es­tate De­vel­op­ment In­dia II GmbH & Co. KG (two funds of Sach­sen­Fonds and Deutsche Fonds Holding).


Out-​of-​court set­tle­ments were closed for in­vestors in a forest fund.


In the ne­go­ti­ations of the Han­nover Leas­ing Me­dia Fund, we con­cluded out-​of-​court set­tle­ments for sev­eral hun­dred in­vestors rep­res­en­ted by us.


In KGAL / AL­CAS Me­dia Fund pro­ceed­ings against the pro­spectus hold­ers, we achieved out-​of-​court set­tle­ments for all of the ap­prox­im­ately 500 in­vestors we represent.

2009 / 2010 

In 2009 and 2010, we par­ti­cip­ated in set­tle­ment agree­ments with Com­merzbank AG and Hypo Ver­eins­bank for the more than 300 in­vestors in VIP Me­dia Funds 3 and 4, so that our cli­ents re­ceived up to 109% of their cap­ital con­tri­bu­tion plus reimbursement.


We are ne­go­ti­at­ing with the Virchow As­so­ci­ation for in­vestors who have been brokered in GbR-​Fund by the NAV Wirtschafts­di­enst für Ärzte.


For a fur­ther 4,000 pro­spectus claimants in the fund of the Bankgesell­schaft, we con­clude set­tle­ment agree­ments between 60% and 99.6% of the in­vest­ment amount, with which – with a few ex­cep­tions – in­vestors not only suffered no cap­ital loss but were able to exit the funds at a profit.


We suc­cess­fully con­clude the re­struc­tur­ing ne­go­ti­ations of a large fund of the Banghard Group which was at risk to be­come insolvent.


We have set first legal pre­ced­ents in pro­spectus li­ab­il­ity claims to the funds of the Bankgesellschaft.


We are sub­mit­ting about 1,000 fur­ther pro­spectus li­ab­il­ity claims in the so-​called “sub-​fund” of the Bankgesell­schaft Berlin.


We are fil­ing pro­spectus li­ab­il­ity claims against DII (Becker & Kries Group).


We en­force in­vestor claims against the Investoren- und Treuhand Be­r­a­tungs­gesell­schaft mbH (IT) in vari­ous real es­tate funds amount­ing to millions.


We ne­go­ti­ate set­tle­ment of­fers for ap­prox. 55.000 in­vestors of the Bankgesell­schaft Ber­lin in the amount of 1,8 bil­lion Euros.


A co­ali­tion of in­vestors in the funds of Bankgesell­schaft Ber­lin and sub­mis­sion of ap­prox. 7,000 pro­spectus li­ab­il­ity claims.


For the in­vestors of the WIR funds, we ne­go­ti­ate a set­tle­ment that re­leases in­vestors com­pletely from per­sonal liability.


We rep­res­ent 17 fund com­pan­ies of the Ärzte-​Treuhand-​Group in the de­vel­op­ment and ne­go­ti­ation of re­struc­tur­ing agree­ments. Where re­fin­an­cing between in­vestors and banks was ne­go­ti­ated and signed by mid-​2004, banks usu­ally made waivers of cap­ital, while in­vestors raised between 15% and 40% of the ori­ginal sub­scribed cap­ital. Un­til this point in a whole series of cases, at which the case law of the BGH turned clearly against the in­vestors, a re­struc­tur­ing could not yet be ad­op­ted. Of­ten, this was be­cause some in­vestors trus­ted in the legal ad­vice of third parties, who prom­ised them com­plete in­dem­nity and there­fore re­fused to re­or­gan­ize. How­ever, if in these cases – years later and fol­low­ing the fail­ure of vari­ous pro­ced­ural ap­proaches – re­or­gan­iz­a­tions were fi­nally agreed upon, in­vestors had to make sig­ni­fic­antly higher payments.

Since 2002 

We are pro­cessing the Ciner­enta funds and rep­res­ent­ing more than 400 in­vestors in sav­ing their in­vest­ment. So far, we have been able to as­sert claims against the trustee at first and second in­stance; how­ever, most of the pro­ceed­ings are still pending. Here, the fi­nal de­cision, in par­tic­u­lar also on the per­sonal li­ab­il­ity of the rel­ev­ant in­jur­ing party, will prob­ably only pass with the de­cision of the BGH.


We were able to help one of the largest pro­viders of open-​ended real es­tate funds to design a mar­ket­able and leg­ally com­pli­ant of­fer. And we were able to sup­port a young and am­bi­tious sales force through product ana­lysis and the place­ment of re­li­able mar­ket partners.


The part­ners Wolfgang Schirp, Tibet Neusel, and Peter Apel, to­gether with ex­perts from the com­mer­cial sec­tor, are found­ing the Ak­tions­bund Akt­iver An­leger­s­chutz e.V., in or­der to bet­ter bundle in­vestor in­terests and thereby strengthen their po­s­i­tion in re­la­tion to their de­fend­ants. In this way, we were able to i.a. help in­vestors sev­eral times to reach quorum and a ma­jor­ity at the fund level and to ex­change the con­tro­ver­sial ini­ti­at­ors in the fund management.


With a fam­ily act­ive since 1936 in the US real es­tate mar­ket, we found the com­pany G & W Swig Burris Equit­ies, which spe­cial­izes in high-​quality in­vest­ment products in the US real es­tate sec­tor for Ger­man subscribers.

2002 – 2007 

In between 2002 and 2007, we were able to en­force claims for com­pens­a­tion for nu­mer­ous in­vestors of the real es­tate funds Welse-​Galerie 1, Welse-​Galerie 2 and City-​Center Ra­thenow against the in­vestors Treuhand, the then en­tre­pren­eur­ial vehicle of the dis­trib­utor Mario Ohoven. In this con­text, we sig­ni­fic­antly in­flu­enced the jur­is­pru­dence on the ob­lig­a­tion of dis­clos­ure of in­ternal com­mis­sions and ob­tained the rel­ev­ant key de­cisions of the Fed­eral Court of Justice. When an at­tempt was made to quietly move the In­vestor Treuhand (re­named “BER­IN­TREG”) to­wards in­solv­ency, we pre­ven­ted it by rais­ing our own fund’s bill to cover the ad­vance on costs. We are cur­rently a mem­ber of the cred­it­ors’ com­mit­tee and as­sist the in­solv­ency ad­min­is­trator in get­ting funds back into the as­sets. The aim of the ex­er­cise: We want to pro­cure sub­stance of en­force­ment for those of our cli­ents who have not yet been disbursed.


We are form­ing a stra­tegic al­li­ance of for­eign part­ners, which will take over the prop­er­ties of a series of closed real es­tate funds of a Ger­man initiator.

Since 2001 

We ad­vise fund com­pan­ies with sub­sidies in hous­ing con­struc­tion in Ber­lin, which have hit troubled wa­ter through the ex­piry of pub­lic fund­ing and changes in tax laws, on how to eco­nom­ic­ally re­hab­il­it­ate. In many cases, we were able to achieve set­tle­ment agreements.


For one of the largest Ger­man dis­trib­ut­ors, we were able to solve two prob­lems with products that had hit troubled wa­ters by bad product partners.

Since 1999 

We par­ti­cip­ate in the re­struc­tur­ing of in­vest­ment com­pan­ies in the area of​sub­sid­ized hous­ing construction.

1999 – 2002 

With our sup­port of nu­mer­ous in­vest­ment com­pan­ies between 1999 and 2002, the old man­age­ment was re­placed by new man­age­ment, which took bet­ter ac­count of the in­terests of the share­hold­ers. Dr. Hanne Good Night Inn Hotel I and II KG, the Senioren­res­id­en­zen in Mag­de­burg Am Krökentor I and II, the Senioren­res­id­enz Naum­burg, the LmB Leben mit Be­treuung Senioren­res­id­en­zen in Ber­lin GmbH & Co. KG and nu­mer­ous hous­ing funds are serving as examples.

1998 – 2002 

From 1998 to 2002, we re­struc­tured the fin­an­cing of nu­mer­ous fund com­pan­ies in re­sponse to changed eco­nomic conditions.


We were in­volved in struc­tur­ing and ex­ecut­ing a fund that es­tab­lished the headquar­ters of a ma­jor util­ity company.

1997 – 2000 

From 1997 to 2000, we were sig­ni­fic­antly in­volved in the re­con­di­tion­ing of the em­pire of Berlin-​based ini­ti­ator Dr. Ing. Jür­gen Hanne. We were able to en­force multi-​million claims against the ini­ti­ator and the dis­trib­ut­ors Hainzl and Banghard. In this con­text, we ob­tained im­port­ant court judg­ments fa­vor­able to in­vestors right up to the Fed­eral Court of Justice. In nu­mer­ous funds of this ini­ti­ator, we were also in­volved in the ex­change of man­age­ment and the in­stall­a­tion of new and ser­i­ous management.


We struc­tured two closed-​end real es­tate funds, which build re­tire­ment homes in West Germany.


As lead at­tor­neys, we were able to or­gan­ize the fin­an­cing of a ma­jor in­fra­struc­ture pro­ject for a Ger­man fed­eral state. In ad­di­tion, we en­forced claims of dam­aged loan sub­scriber against a ma­jor Ger­man bank.

1994 – 1995 

In these two years, we were able to help dam­aged in­vestors in a snow­ball sys­tem, with which in­vestors in the en­tire fed­eral ter­rit­ory had been sold par­ti­cip­a­tions in leis­ure fa­cil­it­ies and camp­grounds (Mundus GmbH & Co. KG). We were able to ob­tain de­duc­tions from the fin­an­cing banks for the sub­scribers in­volved and were in­stru­mental in en­for­cing the crim­inal li­ab­il­ity of the initiator.


We were act­ively in­volved in de­tect­ing and de­struct­ing a snow­ball sys­tem that had dam­aged sev­eral thou­sand in­vestors in south­ern German-​Swiss ter­rit­ory (al­leged trade in “in­ter­na­tional bank guar­an­tees”, LANDRO GmbH). We were able to en­force seven-​digit com­pens­a­tion for our clients.

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