The investment
German Property Group, trading also as Dolphin Capital, Dolphin Trust and Red Rock, marketed fixed-term loan notes said to fund the conversion of listed German heritage buildings into residential property.
The product was widely sold to UK investors, often through unregulated introducers and self-invested personal pensions.
What investors were told
Investors were told their money was secured against identified German developments and that capital would be returned with fixed interest at the end of a term, commonly five years.
What went wrong
Capital and interest were not repaid. Investigations found that funds had not been applied as represented, and the group's companies entered preliminary bankruptcy proceedings in Germany.
Investor impact
UK investors, including many who had transferred pension savings, lost sums running to millions of pounds. Because the group was never FCA authorised, there is no direct claim against it through UK compensation arrangements.
Regulatory, insolvency and court action
The FCA published a joint statement with the FSCS and the Financial Ombudsman Service in October 2020 confirming that the group's companies had entered preliminary bankruptcy proceedings in Germany on 8 October 2020, and confirming that the group had never been FCA authorised.
The FSCS has since considered claims against UK regulated advisers and SIPP operators that facilitated the investments.
Current documented position
The German insolvency process continues. In the UK, the practical route for many investors has been a claim against the regulated adviser or pension operator involved, rather than against the scheme itself.
Key Lesson
Where an unregulated overseas scheme has been reached through a UK regulated adviser or SIPP operator, the regulated party in the chain is frequently the only viable route to recovery.
Source & Further Information
German Property Group (GPG) companies enter preliminary bankruptcy proceedings
Financial Conduct Authority — published October 2020
View the official source
