The basic provisions granted by the legislator as a protective shield for old-age provision are not comprehensive. The approach of professional asset protection starts with the consideration of an early division of assets. By separating the professional risks within the framework of a corporation from the private assets, a liability block is created quite legally. […]
Currently, the typical medium-sized GmbH (limited liability company) finds itself more and more often in a crisis situation because a managing director suddenly becomes incapacitated for work. An isolated incident? No, because insolvency administrators observe that the occupational disability of the managing director has become an increasing reason for insolvency. But what are the causes […]
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 (www.fiala.de) IDW criticises unrealistic balance sheet approach The renowned Institute of Auditors (IDW) puts it in a nutshell in its press release of 16.01.2006: ?deficits in the current regulations ? The fiscal default of 6% leads […]
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 (www.fiala.de) Alleged insolvency protection: At sales training courses it is often claimed that occupational pension schemes are protected against insolvency. To this money ? In the event of the employer going bankrupt, for example, even an […]
*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 (www.fiala.de) The judgement of the Federal Social Court (Bundessorzialgericht) Every managing director (Gf) who works “permanently and essentially” for an employer has been subject to compulsory pension insurance since 01.01.1999, § 2 I No. 9 SGB […]
IDW criticizes unrealistic balance sheet approach The renowned Institut der Wirtschaftsprüfer (IDW) puts it in a nutshell in its press release of 16.01.2006: “Deficiencies in the current regulations – The tax requirement of 6% thus results in a provisioning approach that is too low. Similarly, Section 6a of the Income Tax Act prohibits the […]
Insurance law: inform in good time Nowadays, there is almost no aspect of life that cannot be covered by a insurance. The field of insurance law is broadly diversified and applies both in the area of private provision and in corporate risk minimization. Many insurances are almost regarded as basic equipment for a “carefree” life. […]
– OLG Cologne judges generally usual procedure of the PKV as inadmissible – In its judgment of 20 July 2012 (Case No.: 20 U 149/11), the Cologne Higher Regional Court ruled that a procedure used for decades by private health insurers for premium adjustments was incorrect. As a result, many premium adjustments since 1995 […]
– Why life insurance is only protected for a subsistence level in old age? – There is absolutely no apparent reason for the legislator to pursue income protection in old age above the level of basic income support as a political goal. The state’s sole aim is to ensure that, as a result of […]
– How employers can free themselves from the constraining corset of the BetrAVG – Employers who want to set up company pensions look at the Company Pensions Act (Betriebsrentengesetz), or more precisely the Occupational Pensions Act (Betriebliches Altersversorgungsgesetz – BetrAVG). However, structuring a company pension in accordance with the BetrAVG usually suits neither the employer’s […]
