Occupational pension scheme (bAV) : Scope of the new attachment protection for self-employed pensioners ?

*by Dr. Johannes Fiala, Attorney at Law (Munich), MBA Financial Services (Univ.), MM (Univ.), Certified Financial and Investment Advisor (A.F.A.), Lecturer for Civil and Insurance Law (BA Heidenheim, Univ. of Cooperative Education), (www.fiala.de) and Dipl.-.Math. Peter A. Schramm, expert for actuarial mathematics (Diethardt), actuary DAV, publicly appointed and sworn by the IHK Frankfurt am Main […]

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 […]

Company pension scheme: BGH grants garnishment protection below the level of social welfare assistance

– What monthly pension the law protects the self-employed from foreclosure -.   Since 2007, the legislator has for the first time allowed the self-employed to build up assets of up to 238,000 euros with insurance companies, protected from seizure, for old-age provision. However, the full payment of 20,000 euros, which is deductible for tax […]

Small or large matrimonial property regime swing for asset protection – absolutely legal design – or tax evasion deluxe?

Small or large matrimonial property regime for asset protection *- concerning the ex-manager of a DAX company, a public prosecutor suspects tax evasion as a result of the use of a matrimonial property regime. The legal counsel of the person concerned will consider filing a criminal complaint for alleged violation of official and service secrets. […]

Asset Protection: How millionaires are misled by financial planners and consultants

– Why some asset protection leads to poverty or prison –   It is common practice for credit institutions of all kinds and independent advisors to sell “private financial planning” to their clients. This may well cost a few thousand euros in fees – only for the time being, because the damage done in the […]

Capital protection: Why some asset protection schemes lead to poverty or prison

It is common practice for credit institutions of all kinds and independent advisors to sell “private financial planning” to their clients. This may well cost a few thousand euros in fees – only for the time being, because the damage done in the process is often up to more than six figures. Bank(st)ers let it […]

Protection of pension contracts from debtors and creditors in Austria and Germany

– How residents obtain foreign enforcement protection through foreign retirement plans -.   Life insurance policies for private and occupational retirement provision are often intended to protect against ill-considered premature termination by the beneficiary, but also against enforcement. In Germany and Austria, there are very different types of contracts, some of which are state-subsidised. Protection […]

Dr. Fiala: Garnishment protection – the pitfalls in pension schemes, in Liechtenstein and Switzerland

  Tax consultants, doctors, dentists, architects, journalists and other freelancers have no other choice. You have to pay into professional pension funds or pension chambers for your pension. But how safe is the money you have saved up when creditors or insolvency administrators want to enforce their claims?   The financial news service GoMoPa.net asked […]

No garnishment protection

The Federal Court of Justice (BGH) decided in its ruling of 15.11.2007 (Ref. IX ZB 89/05) that private insurance pensions (e.g. accident or occupational disability pensions) or pension pensions (so-called private old-age provision) of former freelancers or self-employed persons do not enjoy any attachment protection. This is also the case for self-employed persons and freelancers […]

Attachment of private pensions is possible – no tax-free amount

Bogus security The Federal Court of Justice (BGH) decided in its ruling of 15.11.2007 (Ref. IX ZB 89/05) that private insurance pensions (e.g. accident or occupational disability pensions) or pensions (so-called private old-age provision) of former freelancers or self-employed persons do not enjoy any protection against seizure. This is also the case for self-employed persons […]