There could be potentially thousands of customers and small investors who have lost money invested in the Participating Shares (Cuotas Participativas) of the CAM bank, mainly within the provinces of Alicante and Valencia. Among those affected by this toxic investment product, many are expatriates. In many cases their bank did not disclose that they were contracting a complex, high-risk, and non-guaranteed financial product.
As recognized by the Spanish Court Precedents, the CAM Participations were equity securities, therefor much more complex than ordinary company shares. Their value not only depended on the earnings of the CAM but also of how much of that benefit the CAM wanted to use for Cuotas Participativas. Moreover, they have no end date, being therefor perpetual, although the CAM could amortize them if the bank wished. In the event of insolvency, they would be the last in line to get paid.
We know that the CAM in its day marketed these Cuotas as an ordinary-common investment, as a deposit or similar, they did not explain sufficiently the nature of the product and its risks, etc. Today the current value of the CAM Participations is 0 €.
We must remember at this point that as per Spanish law and in relation to this type of investment, the bank must explain in a clear and sufficient way, the nature of the investment, its risks and should provide adequate information about the financial instruments, risks associated, etc.
Apparently, as has been published by a national Spanish newspaper, the CAM in a premeditated manner, designed a strategy to convince their customers to invest in this product, concealing the true nature, having delivered to their employees some kind of action protocol indicating how to sell the product, what to say in each case, etc. Even a board member of CAM stated that the situation was abusive, that the CAM Participating Shares, cuotas participativas, were not properly explained to clients.
Our firm has been able to successfully help several clients affected by the CAM Participations to claim for the money invested. Contact us and we’ll help.
The information provided in this article is not intended to be legal advice, but merely conveys general information related to legal issues.
Carlos Baos (Lawyer)
Spanish solicitor -barrister.
Alicante, Denia, Costa Blanca Marina Alta
White & Baos 2016 – All rights reserved
