For institutional investors
Private shareholders, institutional investors, partnerships, private companies, as well as legal entities under private and public law who have acquired Wirecard securities have been harmed by EY's violations and are therefore entitled to claim damages. The claim is basically the same for all affected parties.
Nevertheless, certain requirements must be met in order to participate in the legal action, which are not the same for all investors. Here, investor-specific particularities must be taken into account.
Which special requirements must be observed?
Anyone who files a claim in court must prove his or her legal capacity, capacity to be a party and capacity to bring legal proceedings. In the case of institutional investors, partnerships, and legal entities under private and public law, all three requirements must be proven by certain documents and certificates.
Institutional investors, partnerships, as well as legal entities under private and public law wishing to join the Foundation are therefore requested to register on our website and provide the necessary documents, taking into account the references below.
1. references for legal entities of public law
Who can register?
Legal entities under public law. These are: Territorial authorities such as the Federal Republic of Germany, a federal state, state and city districts and municipalities with the right to self-administration, furthermore: all legally capable institutions under public law (e.g. KfW, savings banks, state banks) and all corporations under public law with the right to self-administration (chambers of industry and commerce, chambers of lawyers, chambers of handicrafts, foundations under public law, pension and retirement funds, pension funds, religious communities, etc.). Legal entities under public law also invest part of their financial resources in the capital market and may have suffered financial loss after acquiring Wirecard securities. They are also entitled to participate in the legal action.
Which evidence do we need?
Legal entities under public law acquire their legal personality by means of statutes or by an act of state sovereignty (e.g., a law). The proofs of legal personality are very specific and will be checked individually by us. Please contact us by email so that we can assist you with the application.
2. legal entities under private law
Who can register?
Legal entities under private law. These are: associations with legal capacity, stock corporations, limited liability companies, cooperatives, but also foundations under civil law.
Which evidence do we need?
We need all documents proving the legal personality of the company, the persons authorized to represent it and the amount of damage.
For legal entities under private law, which are registered in a public register (register of associations, commercial register, register of cooperatives, etc.), we require:
Current excerpt from the register. This must show:
- Registration of the company;
- registered location of the company;
- Legal form;
- Persons authorized to represent the company.
Custodian certifications or transaction records. These must show:
- Purchase of the securities;
- Sale of the securities.
In the case of legal entities under private law that are not entered in a register (e.g., civil law foundations), we require:
Articles of Incorporation. These must state:
- rules of representation and persons authorized to represent the company.
3. companies that are not legal entities
Who can register?
Partnerships that are not legal entities. These are: Commercial companies (OHG, KG), partnership companies (PartGG) and civil law companies (GbR).
Which evidence do we need?
Current register extract (commercial register, partnership register, etc.). This must show:
- Registration of the company;
- registered location of the company;
- Legal form;
- Persons authorized to represent the company.
Custodian certifications or transaction records. These must show:
- Purchase of the securities;
- Sale of the securities.
For partnerships that are not registered in a public register, we require:
Articles of association / partnership agreement. These must state:
- Rules of representation and special powers of representation (Is one person alone or are several persons jointly authorized to represent the company?).
Custodian certifications or transaction records. These must show:
- Purchase of the securities;
- Sale of the securities.