Banking and Financial Law Structured Deposit Lawyers
"Created in 1988 BBS Abogados Asociados Asesores Legales y Tributarios specializes in all the fields that make up the law of the company."
Specialized in Banking and Financial Law
What are Structured Deposit?
At BBS Abogados, we are experts in Structured Deposits. It is a Complex, hybrid Product that is built through two or more financial instruments, among which the following stand out:
A Fixed Income asset
And a Derivative Instrument, usually shares, that allow the issuing entity to link the profitability of the product to an asset.
The bond is called “structured” because its performance is linked to the evolution of one or more financial or economic variables, such as the price of a share or a stock index, which are called underlying assets. This structuring makes it possible to generate a product with very different levels of risk exposure in which the return on the investment is not a fixed percentage of the nominal, but is linked to the evolution of the underlying assets that are listed on the Stock Market.
On many occasions, this high-risk product has been marketed under totally poor information. The client has been led to believe that it was a fixed income product, for which they would receive interesting returns and without the possibility of losing all the capital invested.
Within the wide range of products that financial institutions have marketed, Structured Deposits are one of the most toxic. Thus, the chances of a client losing all or part of the initial investment are very high.
Our Courts have issued multiple judgments that require entities to deliver, prior to contracting, a list of risks and scenarios that may occur with the contracting of these products.
Lawyers with proven experience in claiming Structured Deposits
At BBS Abogados we are experts in Structured Deposits. We have won Judgment number 374/18 at the Barcelona Provincial Court, with very few precedents on this type of financial product.
Typically, the investor may not get 100% of the contributed capital back and may suffer large losses. Notwithstanding the fact that it is also affected by the possibility that the Bank cannot meet the payment of its obligations due to insolvency, bankruptcy or, in general, due to the inability to pay.
The judgment has supposed the client to be able to recover his investment, about 120,000.-Euros. In this way, the financial institution has been ordered to return the entire investment, less the amount delivered by the defendant as investment returns or coupons. The bank has also had to pay the legal interest on this sum since the lawsuit, which will increase the figure significantly.
At BBS Abogados, we are successfully handling these types of claims. We managed to prove not only the lack of prior information indicated, but that the operation of the product itself is unbalanced for the parties, since the windows or scenarios can only favor the financial institution.
What are the results of a favorable Structured Deposit judgment?
The judgments that annul this type of product, allow the return of the invested capital, subtracting the investment returns. In turn, the entity must also return the legal interests that accrue such amounts.
From BBS Abogados, we offer specialized advice so that you can recover all the money from the structured deposit. Do not hesitate to contact us through the web form, writing to bbsabogados@bbsabogados.com or calling 937 605 377.