Entrusting one's savings to a financial advisor or a credit institution represents an act of profound trust, often aimed at ensuring a serene future for oneself and one's family. When this trust is betrayed, leading to a drastic and unexpected loss of invested capital, the sense of bewilderment and injustice can be overwhelming. As an expert lawyer for damages compensation in Milan, lawyer Marco Bianucci deeply understands the delicacy of these situations and the devastating impact that financial losses can have on savers' lives.
It is often believed that unfortunate investments are solely the result of normal market fluctuations, but this is not always the case. There are specific information and diligence duties that intermediaries must respect. If the advisor or bank exposed you to risks not adequate to your profile, you have the full right to assert your claims and request the return of what you have lost.
The Regulatory Framework: Protection of Savers
Italian law and European directives, particularly MiFID regulations, offer a solid safety net for investors. The cornerstone of the relationship between client and financial intermediary is adequacy. Before proposing any transaction, the advisor or bank has an unavoidable obligation to profile the client, assessing their investment experience, financial situation, and objectives, including risk tolerance.
The intermediary's liability becomes evident when this duty is violated. If you were offered highly speculative, complex, or illiquid financial instruments, despite having a low or conservative risk profile, this constitutes a serious breach of contract. Furthermore, the professional is required to provide clear, complete, and transparent information on the nature of the investment and its associated risks. Lack of transparency or omission of crucial details about the real probability of capital loss provide solid grounds for initiating a liability action.
The Bianucci Law Firm's Approach
Dealing with banking giants or networks of financial advisors requires expertise, determination, and a deep understanding of the dynamics of financial intermediation law. The approach of lawyer Marco Bianucci, an expert lawyer for damages compensation in Milan, is based on a rigorous and personalized analysis of each individual case. The first fundamental step involves a meticulous reconstruction of the contractual relationship, examining all signed documentation, profiling questionnaires, and communications with the intermediary.
The Bianucci Law Firm does not limit itself to evaluating the formal aspects of contracts but investigates the real nature of the recommended operations. The primary objective is to unequivocally ascertain the liability of the institution or advisor to obtain compensation for all damages suffered. The preferred strategy aims to explore, where advantageous for the client, out-of-court negotiation solutions or recourse to the Financial Disputes Arbitrator (ACF), without ever excluding firm and decisive protection in civil litigation if the other party proves uncooperative.
Frequently Asked Questions
How do I know if the investment was unsuitable for my profile?
To determine the inadequacy of an investment, it is necessary to compare the profiling questionnaire (often called the MiFID questionnaire), which you completed at the beginning of the relationship, with the objective characteristics of the financial products sold to you. If, for example, you stated that you wanted to preserve capital and were sold high-risk stocks or subordinated bonds, the operation is to be considered clearly inadequate, and the intermediary is liable.
Is the bank responsible for the errors of the financial advisor?
Yes, generally the bank or the securities firm (SIM) is jointly and severally liable for damages caused to third parties by its financial advisors (now defined as authorized financial advisors for off-site offerings) in the performance of their duties. This means that the betrayed saver can directly claim against the credit institution to obtain compensation for the financial damage suffered.
How long do I have to claim financial damages?
The right to compensation for damages arising from the contractual breach of a financial intermediary is subject to an ordinary statute of limitations of ten years. However, the exact moment from which this term begins to run may vary depending on the specific violation and when the client objectively became aware of the damage. It is therefore crucial to act promptly and submit the matter to a professional to avoid losing the right to assert one's claims.
Case Assessment and Protection of Your Savings
Discovering that you have lost your savings due to imprudent advice or omissions by industry professionals is a traumatic experience. However, the law provides concrete tools to react and recover what has been unjustly taken. Do not let a sense of distrust prevent you from protecting your rights and the fruit of your labor.
Contact the Bianucci Law Firm for an in-depth analysis of your situation. As an expert lawyer for damages compensation in Milan, lawyer Marco Bianucci will carefully assess the documentation you possess to identify the most effective strategy for recovering your capital. You will receive targeted, clear, and problem-solving legal assistance, accompanying you at every stage of the compensation process.