Sale and assignment of pension insurance policies before own insolvency

“Live today – save later” – this is often the motto when an annuity insurance policy is to be sold for a one-off payment. Some insurers offer this to their customers due to an emergency situation even if there is no longer a contractual legal claim to it after the start of the pension. On […]

Insurance fraud in connection with partial retirement, working time accounts and pension commitments via double trust (CTA)

Total loss in the case of partial retirement, working time accounts and pension commitments How directors, other officers, or self-employed agents completely lose their retirement benefits due to ineffective trust models.   The business model of renowned corporate consultants for occupational pension schemes (bAV) includes the provision of the reinsurance assets by means of a […]

bAV: Liability bomb instead of insolvency protection – working time account (ZWK)

by RA, Bankkaufmann Rüdiger Wilhem Lohkamp and RA, Bankkaufmann Johannes Fiala – Kanzlei Fiala, Freiesleben & Weber – RA, PA, StB & WP (Munich), Examination of the plausibility: Mediation obligation also with the customer at the Front: The Federal Court of Justice has clarified, among other things, in its judgement of 13.01.2000, NJW-RR 1993, […]

Time value account: how to put the concepts to the test*.

*by Johannes Fiala, Lawyer (Munich), M.B.A. (Univ.Wales), M.M. (Univ.), Certified Financial and Investment Advisor (A.F.A.), EC Expert (C.I.F.E.), Banker ( Advice, insurance and plausibility: First of all, every intermediary should be aware that his own VSH insurance does not generally cover legal and tax advice (which is permitted as an ancillary business): Such tasks should […]

bAV: Liability bomb instead of insolvency protection: working time account (ZWK)

by lawyer, banker Rüdiger Wilhem Lohkamp and lawyer, banker Johannes Fiala ? Law firm Fiala, Freiesleben & Weber ? RA, PA, StB & WP (Munich), Plausibility check: mediator’s duty also at the customer’s front: The Federal Supreme Court clarified among other things in its judgement of 13.01.2000, NJW-RR 1993, 1114 that a mediator ?regardless […]

Attorney Tax Law Munich

Your lawyer for tax law: How we support our clients in the tax jungle German tax law is one of the most complex tax systems in the world, even if the often quoted story of the most comprehensive tax literature in the world is probably a bourgeois Moravia. As Attorney for tax law we offer […]

Federal Court of Justice: Criminal bail and other security deposits are attachable

– How seizure of a bond provided by a third party can still result in taxes –   The Federal Court of Justice (BGH, judgement of 22.07.2004, ref. IX ZR 132/03) recognises in constant jurisdiction that deposited penalty bonds and other security payments are attachable by creditors of the debtor. This applies both to the […]

Working time credits predominantly unprotected

– Why employer time value accounts regularly do not offer insolvency protection –   The “Flexi II Act” came into force on 01.09.2009. This was intended to provide employees with better protection against loss in the event of the employer’s insolvency. Today, this proves to be incorrect in at least 98% of the companies.   […]

Asset management: creative financial distribution without a licence and without financial supervision

– Products and concepts for formerly licensed intermediaries, brokers, tipsters and advisors –   Investors lose up to more than €40 billion every year because they did not really understand the financial products sold to them – or were the victim of fraud. It is typical that even formerly unsuspicious competence bearers or their financial […]

Professional asset protection – asset protection for medium-sized companies in practice

– Legal management of insolvency risks in occupational and private pension schemes –   The private and occupational pensions of the self-employed are particularly at risk in the event of their own insolvency. This is also confirmed by a new ruling of the Federal Court of Justice[1] (BGH) according to which Rürup/basic pensions can be […]