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Erscheinung:27.03.2024 | Topic Unauthorised business, Prospectuses, Consumer protection Hills & Partners Ltd.: BaFin issues warning about purported sale of Starlink shares

The Federal Financial Supervisory Authority (BaFin) warns consumers about the company Hills & Partners Ltd., London, United Kingdom. The company is offering financial and investment services and is leading investors to believe that it can sell them shares in Starlink Inc. It has no authorisation to do so under the German Banking Act (Kreditwesengesetz – KWG) or the German Investment Firm Act (Wertpapierinstitutsgesetz – WpIG). In addition, BaFin has not received the securities prospectus required under the German Securities Prospectus Act (Wertpapierprospektgesetz – WpPG) for an offer of shares to the public.

The operator of the website hills-partners.com also offers to manage customer portfolios containing other financial instruments. Hills & Partners Ltd. furthermore claims that it can broker term deposit investments around the world. The registrations with the British Companies House and British Financial Conduct Authority (FCA) stated on the website’s legal notice do not exist.

In the past, there have been frequent reports of attempted fraud where shares in well-known companies are offered for subscription. Following payment by the buyer, the shares are not delivered and the offerors can no longer be contacted. In some cases, the shares offered do not even exist.

Background

As a rule, securities may be offered to the public in Germany only if a prospectus has been published. This prospectus must be approved by BaFin prior to publication. Offering securities to the public without an approved prospectus constitutes a violation of the prospectus requirement under Article 3(1) of the EU Prospectus Regulation – unless an exemption applies.

During the prospectus approval process, BaFin checks whether the minimum information required by law is included in the prospectus and whether its content is understandable, coherent and consistent. However, BaFin is not responsible for checking whether the information contained in the prospectus is correct, for assessing the integrity of the issuer, or for monitoring the product in question.

No securities prospectus relating to Starlink shares has been submitted to BaFin for approval. You can check whether an approved prospectus for an offer of securities to the public has been filed with BaFin by consulting the Prospectuses filed database on the BaFin website.

Companies that offer to sell securities of other companies to consumers require authorisation from BaFin. The same applies for pre-IPO shares. Information on whether particular companies have been authorised by BaFin can be found in BaFin’s database of companies.

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