Unless an observer or liquidator/official receiver appointed by the SFBC is coordinating the actions of the investors and ensuring equal treatment, joint action by the aggrieved parties by way of pooling represents a promising option:
- Greater credibility before courts and authorities
- Reduction in costs due to cost sharing
- Possible actions:
- Civil actions (see above)
- Criminal actions (see above)
- Application to open bankruptcy proceedings without antecedent prosecution
But please note: The interests of the investors may differ:
- In the absence of some securities, one investor may demand only money and be happy to accept the securities that the dealer still holds.
- Another investor may demand the available securities which were acquired in his name and for his account.
Due to this situation it is recommended to form two pools: one for creditors and the other for those claiming ownership rights.
