The Attorney General and received a complaint from a customer group Econoinvest against the liquidators of the brokerage house. This implies that the prosecution is obliged to designate several tax commission to bring forward a criminal investigation in this regard. customers requested an investigation into why the board failed to pay liquidating their investments in the securities that supported the operations through the brokerage.
After seven months since he ordered the liquidation of the company stock, began to settle such operations, but the payment was made in bolivars at the current exchange rate.
Those affected say that such operations were backed with paper, in many cases in dollars in the Fund Venezolana de Valores, which they could observe in the sub-accounts in your name are recorded in this body of custody.
"We could not dispose of the securities that we own, despite his accreditation to our respective accounts in the Fund Venezuelan Securities and certainty of ownership we have over them, in the case of repurchase agreements," cites the complaint to the prosecutor introduced.
"Authorities do not allege, nor can it, that our title as owners of the securities is in doubt because the nature of the reported contract provide absolute certainty the rights of the parties," it added.
The petition is signed by six customers. However, the research could benefit the 1,557 customers who performed with Econinvest repurchase transactions.
These investors liquidating the board did not cancel nor papers, nor in dollars, the outstanding debt that were left in Econoinvest for this type of transaction, the commitments were honored in Bolivars.
But for the stock company's customers found it better to have access to these titles support that ensured its operation.
Even at the exchange rate of the BRT, which is the foreign exchange market official titles, have obtained an investment closer to they had made in Econoinvest.
"The fact is that our heritage has been placed in a situation of unavailability, without any legal reason to justify it, "they argue customers in the complaint.
And for these reasons investors are even more justified in accordance with the statements of the board who spoke to the company, which said that the cessation of operations of the brokerage house was not due to economic loss or diversion of resources from customers.
then they ask "what is the reason why we are denied the availability of our money, which existed and was available for date of operation.
The response and was previously from the Superintendencia de Valores, at least with regard to repurchase transactions, is that such transactions were not supported because, as he is the president himself said the agency supervisor, Tomás Sánchez.
But investors insist that if the bonds were guaranteed in their states because of the sub to its name in the Caja de Valores these roles are reflected back.
Other introduce motion for reconsideration
Another group of customers decided to introduce the motion for reconsideration Sunaval. There are some who by their own and would come to this action, while others also appeal to this measure but as a group. There are several clients with the advice of lawyers in the capital area.
As set out in the Statement of Administration and Settlement of Securities Dealers, customers have 15 days to introduce this type of resource. The legal counsel shall comply with the deadline to wait for other investors who are interested in applying the same action.
This group of customers claiming various aspects, is also the first payment of the repurchase bolivar, taking into account the security operations that existed.
But there are other investors who seek through this means the release of the bonds in your name at the Caja de Valores. Is that although the board authorized access liquidating most Econoinvest customers to their roles in this custodian, still need another 1,500 customers are still without the papers to his name are registered.
Some workers require the payment of their benefits through the application for review. The liquidators have paid work commitments to some employees but not others. The reasons for deciding who will charge has not been reported for these workers.
Investors demand payment of their bonds exchange
Econoinvest Clients require the payment of exchange bonds in the complaint submitted to the Attorney General and review the resources that some investors been delivered directly to the National Superintendency of Securities.
In liquidating the joint list published with the payment of the debt including payment of the papers issued last year the Central Bank of Venezuela (BCV).
The issuer canceled the principal and interest of these papers on time. That dollar payment was transferred to the account of Econoinvest, currently administered by the board liquidator.
However, many customers still do not receive that payment. This despite the fact that last year, some investors were paying their bonds in foreign exchange accounts abroad.
in the Securities are some customers said that they cancel their roles in dollars, as it was the commitment of the Central Bank when this paper bid.
However, the delay of payment to the relevant time remains a concern for investors who purchased these securities.
"Customers who acquire the Exchange Notes described above have not received, or the expiry of the periods specified in each case, or later, the amounts owed to us," they say in the complaint submitted to the Office.
They refer to the capital at maturity, agreed interest and penalty interest.
"We were not offered evidence or any explanation of the reasons for this failure," he adds.
In the complaint, the affected investors remember the procedure established by the Central Bank for payment of these titles: "For the purposes of the liquidation of the Bond Exchange, the Central Bank will transfer to the correspondent bank at the time ... maturity of the respective instruments, the entities shall be transferred to investors, and institutions account for these signals, the amount in dollars of the United States (USD). "
World, 19/05/2011, 18-19, Carjuan Cruz
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