Attività bancarie accessorie, standard di diligenza e presidi informativi a tutela dell’investitore L’obbligo di protective disclosure nella promozione dei diamanti da investimento

Abstract

This article focuses on a worthwhile decision of the Court of First Instance of Modena concerning the bank’s protective disclosure obligation while offering ancillary activities. Particularly, it refers to the promotion of investment diamonds offered by third companies. The Court stated that the bank is subject to the obligation to assess the effective value of the promoted diamonds and to inform its clients accordingly. Otherwise the bank would be jointly liable with the company which has sold the investment diamonds for the value difference between the price paid by the bank’s clients and their real value. This decision strengthens the bond between disclosure and liability towards a greater protection of bank customers in order to maintain confidence in the banking system.