¿Reclamar devolución de sus acciones del Banco Popular?
Si usted es titular de acciones del Banco Popular adquiridas en la ampliación de capital llevada a cabo el 25 de Mayo de 2016, ahora puede recuperar su dinero.
Ya se han puesto en contacto con nosotros numerosos afectados de toda Galicia, y en especial de Santiago de Compostela por este caso de Acciones del Banco Popular
Basándonos en las inexactitudes en las cuentas anuales que se incluían en el folleto informativo del Banco Popular, las cuales pueden ser consideradas sustanciales y determinantes para haberle inducido a una inversión errónea, estamos diseñando en Tomé Abogados una defensa con visos de conseguir sentencias muy favorables.
Y es que los tribunales podrían condenar al Banco Popular a abonarle los daños y perjuicios provocados o bien a que se declare la nulidad de sus contratos de compraventa de acciones de la entidad Banco Popular, con la restitución de las prestaciones entre ambas partes por la existencia de error en el consentimiento.
Documentación necesaria:
- Orden de compra
- Resto de documentos de los que disponga (folleto informativo, test de conveniencia, etc.)
Si es usted uno de los afectados, en Tomé Abogados defenderemos su caso y les ayudaremos a recuperar su dinero.
Se abre la posibilidad de recuperar la inversión para algunos inversores del Banco Popular. El informe de solvencia que PwC publicó antes de la Ampliación de Capital de mayo de 2016, y sobre el que muchos inversores se basaron para invertir, abre la puerta a las reclamaciones.
Los inversores que acudieron a la Ampliación de Capital de mayo de 2016, o que compraron a partir de ese momento acciones, pueden iniciar el proceso de reclamación.
¿Por qué no pueden reclamar los accionistas que compraron antes de mayo de 2016?
Sólo pueden reclamar las personas que invirtieron sobre la base del informe de solvencia de la consultora PwC. Este informe certificaba unos datos contables que resultaron ser irreales. ¿Qué pasa con los accionistas que tenían en su cartera de inversiones acciones del Banco Popular con anterioridad? Se entiende que asumían el riesgo de mercado y, por tanto, es difícil que prospere su reclamción. Por ahora no existen pronunciamientos judiciales al efecto.
Plazos para reclamar en función del tipo de inversor
Partimos de la base que el folleto de la ampliación y las cuentas del banco en ese momento no eran correctas, precisas y reales.
“las inexactitudes en las cuentas anuales que se incluían en el folleto informativo de Banco Popular para la ampliación de capital de 25 de mayo de 2016 son sustanciales y determinantes para inducir a error a los inversores”
El plazo para reclamar, en caso de vicio en el consentimiento es de cuatro años desde que se tuvo conocimiento de causa. Por tanto, en el peor de los casos este plazo empezaría a contar desde el pasado 7 de junio de 2017 que es cuando se dio por concluida la compra del Popular por el B. Santander.
O en su caso desde el 3 de abril de 2017 cuando la entidad reconoce a través de un hecho relevante que “el banco incluirá las correcciones que sean oportunas de forma retroactiva en los estados financieros del primer semestre”. Es decir, reconoce que su información sobre su solvencia económica y financiera no era cierta.
Por eso desde TOMÉ ABOGADOS animamos a contactar con nosotros para iniciar de inmediato el proceso de reclamación al Banco Popular.
¿Qué se reclama?
“Es indiferente la cantidad invertida. Se puede reclamar desde el primer euro de inversión. El objetivo de la reclamación es recuperar el capital invertido en su día, actualizado con el interés legal del dinero, más los gastos que esta situación le haya podido generar al afectado. Además, se intentará conseguir una condena en costas para que sea el Banco Popular quien asuma los gastos judiciales. Este último es el riesgo que asume el afectado a la hora de reclamar
Tenga en cuenta que nos encontramos con cierta similitud con la salida a Bolsa de Bankia: las cuentas que se usaron eran fraudulentas. En el caso que nos ocupa incorrectas.
En ambos casos el accionista ha tenido en cuenta una situación financiera irreal.
De haberla conocido desde un primer momento no habría realizado la inversión.
SENTENCIAS
El Juzgado de Primera Instancia nº 4 de Oviedo ha dictado sentencia tras escasos cuatro meses de procedimiento contra el Banco Popular en la que ha resultado ser la primera sentencia condenatoria firme en España por este tema. Así, se condena a devolver la cantidad invertida correspondiente a 1.963 acciones a la demandante, que actualmente es ex empleada de la entidad bancaria.
La magistrada toma en consideración la doctrina del Tribunal de Justicia de la UE y la del Tribunal Supremo en torno a las reclamaciones civiles por la salida a Bolsa de Bankia para decretar que aunque las acciones sean un producto financiero no complejo, conocido por la demandante, y con riesgos recogidos en el folleto de ampliación de capital de Popular, este no recogía una imagen fiel del estado real de la entidad.
“Lo que sí ha de cumplir la entidad bancaria que hace una oferta pública de acciones es el deber de proporcionar información clara”, recuerda el fallo, que recuerda que es el banco “quien tiene la carga de acreditar el cumplimiento del deber legal de información”.
Aunque Popular advirtió que aquella ampliación de capital, por 2.500 millones de euros, perseguía mejorar su solvencia, así como mejorar la cobertura de activos morosos y dudosos, “ofrece una imagen solvente y da esperanzas de una situación positiva a menos de un año vista”, una “perspectiva optimista”que “se traslada también al folleto” de emisión. Luego, subraya el fallo, Popular tuvo que corregir sus cuentas de 2016 en abril de 2017 reconociendo pérdidas superiores y acabó siendo resuelta por las autoridades europeas en junio.
El Juzgado de Primera Instancia número 11 de Oviedo ha dictado una sentencia en fecha 23 de marzo de 2018— en la que anula una compra de acciones de banco dentro de la ampliación de capital llevada a cabo en 2016, así como tres adquisiciones posteriores. La resolución judicial, contra la que cabe recurso, condena a la entidad financiera, vendida al Banco de Santander por un euro, anula la compra de 5.000 acciones realizada por el denunciante entre junio y noviembre de 2016 por importe de 5.454 euros y obliga al Popular a devolver esa cantidad más intereses.
Por su parte, el demandante deberá entregar los títulos recibidos y abonar al banco el importe de los rendimientos de cualquier tipo obtenidos de ellos más el interés legal devengado desde su pago. Además, la sentencia declara nula una compra de obligaciones subordinadas por 30.000 euros realizada en julio de 2011 y obliga también a la entidad a devolver el capital suscrito y al demandante a pagar el importe de los rendimientos obtenidos por las mismas,
Además, señala que el demandante, de haber tenido conocimiento del estado real de la sociedad, no habría invertido sus ahorros y que carecía de medios para conocer cuál era la real situación contable, al ser un pequeño inversor “sin conocimientos financieros”. Asimismo, advierte de que no se puede estimar el argumento de que la actuación del banco fue aprobada por la CNMV, dado que la superación de los controles de los organismos supervisores y de la normativa sectorial “no añade nada” al hecho de que el Popular presentó a los potenciales compradores de acciones “una imagen de solvencia que no se ajustaba en modo alguno a la realidad
La clave de la sentencia es la “notable diferencia” que existía entre la situación real patrimonial y financiera del Banco Popular (vendido meses después por 1€) y la que se recogía en el folleto de la oferta pública para provocar la compra masiva de acciones por parte de pequeños inversores. En esta se recogía incluso que se trataba de “el banco más rentable del mercado español, en determinados parámetros”.
En la sentencia se recoge que esa información “falseada o irregular” es la que llevó al demandante, como a otros muchos, a hacerse una idea equivocada de la rentabilidad de su inversión, ya que de haber sabido la situación real del banco, tan distinta como para ser vendido por 1€, no habría comprado las acciones.
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