Yield methods and rating liability I

Returns are of central importance in the professional life of a banker. Other financial service providers, such as pension funds, financial and investment advisors and credit intermediaries are also affected. The circle of affected professions also includes the rating agency and many a tax consultant/auditor (StB/WP) who is active in connection with Basel II. Often […]

Lawyer for banking law in Munich

Banking law: errors in advice, credit traps and more As a lawyer for banking law, I know that a bank has been part of our daily life since our earliest childhood. Just remember your first savings book, which you probably got at primary school from the nice savings bank advisor next door. We withdraw money, […]

Drying up of life insurance – too few investment options for too much money

– Why life insurance has outlived its usefulness as a capital accumulation vehicle –   Wim Duisenberg, ex-president of the ECB, when asked how he invests his money: “Personally, I’m in the fortunate position of having no reserves.”   Statistically, up to more than 80 million German citizens own more than one life insurance policy. […]

Neither liability umbrellas nor structured distributors protect intermediaries from personal liability

– When sellers, intermediaries and advisors are themselves in the fire in the case of insolvent investments –   A well-known structural distributor was ordered to pay damages by judgment of 31.07.2014 (LG Frankfurt/Main, Case No. 2-32 O 154/13) because an investment advisor insufficiently informed about risks of a real estate fund. Structural distributors and […]

Federal Ministry of Finance: Insurance intermediaries secure zero return on life insurance policies

– Why the days of effortless money-making via life insurance are long gone –   Agents’ commissions fall The Life Insurance Reform Act (LVRG) not only lowers the guaranteed interest rate for life insurance policies from 1.75% to only 1.25% from 2015, but also the permitted inclusion of acquisition costs through zillmerisation from 4% to […]

Massive investor losses due to overly safe investments

– Why the Small Investor Protection Act does not protect against investment losses due to low interest rates –   Obligation to provide investor-friendly advice According to the BGH Bond ruling (Federal Court of Justice ruling of 14.06.2007, Ref. XI ZR 12/93), all investment advice must be appropriate to the investor and the property. Investor-oriented […]

Pension: once “the yellow of the egg” – today expropriated

Pre-programmed old-age poverty despite additional private provision by those with compulsory insurance: Which is why even average earners have the best prospects of a basic pension.   Anyone who is employed as an employee until the age of 67 with a continuous income can expect to receive a net pension amounting to 50 percent of […]

Investment fraud in the billions according to § 264 StGB

The Stuttgart public prosecutor’s office, white-collar crime division, evaluates the deception of investors by misleading yield information according to the internal rate of return method, also known as IRR yield, as an objective fact of investment fraud according to § 264 a StGB. The opinion was first published in February 2005. More and more investors […]

Liability for real estate loans and equity financing with life insurance – banks, insurance companies and brokers are responsible for repayment

Life insurance policies for the repayment of construction loans The combination of several financial products (e.g. building loan and life insurance, real estate loan and building society contract) promises the investor additional income through possible interest rate differences or tax savings, and at the same time additional commission for the agent. However, it is not […]