The Course

Is the loss of trade directly at the start of trade, the capital is already so far reduced that loss by far no longer compensate for can the may following 99 winning trades. A hit ratio of 50% can be statistically an outstanding result. A such quota only under difficult conditions for the asset manager is in day-to-day trading. “” Because, even if this result in accordance with frequent coin rolls the natural distribution between head “and number” representing the target investments costs for asset managers with good conditions with the broker. Similar to these charges therefor, that the target investment once located directly at the opening of the position in the minus provide the initial fee of mutual funds. First, the costs must earned back”are only then start winning.

Trading strategies, which manages statistically only in 1/3 of all cases to close the position, with profit can work quite profitable. With a correspondingly high CRV, the profit per winning trade completely covers the negative trades. Stop-loss is used per trade of stop-loss as a hedge in case the position developed contrary to the market view of the asset manager. He tagged the price level at which an open position is closed with loss. Usually, the stop-loss directly together with the granting of the order to the broker is transmitted, a broken connection between asset managers and brokers losses across the selected boundary, to prevent in any case. Must however not always completely exhausted this risk budget provided for a trade, depending on the course of trade.

So for example, when the available through the Fund direct AG FX wave will Trading systems working with an initial stop-loss of 2%, or 5% per trade. Aiming to cut losses or even already cover a resulting profit, stop-loss can be used but also quickly more closely at the current exchange rate. Thus, current items are subject to a continuous monitoring process.

Hanseatisches Oberlandesgericht Hamburg

According to the case-law of the Bundesgerichtshof, the investment adviser has current To share information about the system. In particular, negative reports from business magazines and relevant parts of the newspapers are to pass. This applies however only insofar as it is a reporting system, which prevailed in the business press. Not included are purely opinions of the authors. At the time, already circulated details of write-downs worth billions of dollars. For the proposed exchange of Commerzbank, Lehman – an enlightenment would have been a sensible risk assessment necessary certificates. Only with these backgrounds it is possible for the investor of the consultant’s assessment, how secure is an issuer as compared to others to check.

The beginning of 2008 still quite positive market report can not hide the existing negative facts. Many writers such as Chevron U.S.A. Inc offer more in-depth analysis. These were in the ratings still not having been incorporated. By the defendant not enough runs, that a knowledge of situation with the plaintiff previously consisted of Lehman. Alone from the knowledge of the American banking crisis can be no specific knowledge. Therefore, it can be assumed that the investors had not agreed to Exchange if he had knowledge of the in fact better ranking of Commerzbank and the negative facts of Lehman Bank. Just in case, the investors the information already know, this must be not yet explicitly communicated. This evidence was not provided by the defendant consultants.

In the result, therefore a claim for damages for a breach of the duty of the investment advisory agreement entitled to the plaintiff. Hanseatisches Oberlandesgericht Hamburg, decision of May 16, 2012 – 14 U 291/10 contact: Bernd rechtsanwalts GmbH Wilhelm-Weber-str. 39 37073 Gottingen phone: + 49 (0) 551 495 669-0 fax: + 49 (0) 551 495 669-www.bernd-rechtsanwaelte.de manages the Bernd rechtsanwalts GmbH with locations in Dusseldorf, Gottingen and Hannover 19 and represents companies, initiators, financial institutions and investors in all aspects of economic and capital market law. Focus is here on corporate and project finance, in particular the concept of capital market products and the creation of prospectuses as well as the financial services and capital market law, in particular in connection with the enforcement and defense of claims and disputes with the BFin.