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'Misled' investors file class action against Fortis
Securities | 2011/01/12 01:47

A new foundation, Investor Claims against Fortis, has started legal proceedings in the Netherlands against the former bancassurer Fortis for "misleading investors", which it claims led to combined losses of €2bn.

The organisation argues that Fortis persisted in persuading investors to invest between May 2007 and October 2008 when the company was already on the ropes.

One of the foundation's claims is that Fortis failed to supply timely, accurate information about its exposure to sub-prime mortgages in the US.

The legal case – brought for the Utrecht court in the Netherlands – comes after the US high court decided that a class action by "foreign investors who have bought a stake in foreign companies on foreign stock markets" was inadmissible in a US court.

Within the EU, the legal climate in the Netherlands is ideal for shareholders wishing to reclaim damages from listed companies, according to Jay Eisenhofer, partner at law firm Grant & Eisenhofer.

Stuart Berman of law firm Barroway Topaz added: "This case offers a valuable framework for compensating duped investors outside the US."

Both law firms, as well as Alexander Reus, the foundation's director, have represented international shareholders against Shell for providing incorrect information about its oil reserves.

After Fortis became one of the three players that took over Dutch bank ABN Amro, it had to be rescued by the national governments of the Netherlands, Belgium and Luxembourg.

Ultimately, the company was split up, with a large part of its assets being sold to third parties. The remainder of Fortis is now operating as Ageas.

Earlier, Fortis shareholders tried in vain to block the break-up of Fortis and hold its executive board accountable for the incurred losses.

The Amsterdam business court has not yet finalised a survey – conducted at the request of shareholders – into alleged mismanagement at Fortis.

The foundation said it had the support of more than 140 institutional investors, as well as 2,000 private investors worldwide.



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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet.
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