Structured product provider NDFA was advised that both the courts and the Financial Services Authority would likely hold it liable for investors' losses due to "negligence and misrepresentation" in the marketing of its Lehman-backed plans, just weeks before it entered administration.
Documents seen by IFAonline reveal NDFA was told by its legal counsel in mid-September 2009 that the regulator would likely find marketing material for both its 'Capital At Risk' and 'Capital Secure' products broke FSA rules that promotions must be fair and not misleading. A court hearing any civil claims against it would hold NDFA liable for investors' losses, according to the unnamed law office. The assessment - which Grant Thorton, administrators for the failed firm, has said it will also apply to all NDFA creditors when the firm enters liquidation - is in stark contrast to the off...
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