Business · Companies · 20 hrs ago

South Korea’s top court says fund manager failed to warn investors

South Korea’s top court says fund manager failed to warn investors

South Korea’s Supreme Court found a fund manager breached its duty to protect investors by not disclosing repeated qualified audit opinions on an underlying fund.

The manager had set up a fund that invested in two overseas funds, whose interests a securities company sold to 71 investors.

One underlying fund later faced accounting fraud allegations, stopped allowing withdrawals and left the Korean fund unable to repay investors at maturity.

The securities company paid investors about 10.2 billion won, equal to roughly 80% of their principal, and then sought damages from the manager.

The underlying fund had received qualified audit opinions in 2014, 2016 and 2017, and the manager had received information about them from the overseas operator.

The court said the opinions did not alone prove the fund was unsound, but could raise doubts about accounting transparency and affect investment decisions.

It said the manager should have checked the details or told investors, and sent the case back to a lower court for further review.

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Supreme CourtSouth Korea’s highest court
the defendant violated its duty to protect investors by failing to investigate the details or provide investors with necessary information despite knowing that qualified opinions had been issued repeatedly
via Yonhap