Legal effects and legal consequences of certificates of representation of foundations with legal capacity

In the case of legal transactions, foundation boards are happy to rely on certificates of representation issued by the foundation supervisory authority as legitimation. The legal quality of such documents and the legal consequences and legal effects they entail are questionable. The following contribution is intended to show that the legal certainty sought by the […]

Faulty software attestations, certificates and attestations: Theses on the liability of the management or managers, as well as software houses, auditors and other alleged experts

A reply to Stritters Forum tips of 13.10.2007   Some business managers can be blinded by attestations, certificates and certifications when purchasing software: Not only the content with many ifs and buts, but especially the liability situation shows that these are regularly samples without value.   Manager liability Even from a medium-sized GmbH, the management […]

New landlord certificate aims to protect against crime through bogus registrations

Why presumption certificates and well-intentioned laws invite crime Over 35 million citizens live in Germany for rent. Since 01.11.2015, they have to submit a certificate from the landlord about moving in and out to the registration office. A state secretary from the Ministry of the Interior commented on the amendment to the law: “The Federal […]

DAX shareholders receive 25 billion euros in dividends – but not certificate holders

DAX shareholders can currently look forward to distributions of 25 billion euros. But many a certificate holder goes away empty-handed. Dividends are deducted from the share price on the trading day after the Annual General Meeting and the share is then traded “ex-dividend”. Such a price drop can be momentous for derivatives. This applies in […]

Certificates and derivatives: Investors’ contribution to losses in the subprime crisis

Renowned credit institutions sold “guarantee” certificates and similar constructs, for example those of Lehman Brothers Bank, to gullible bank customers as safe investments: Bank and savings bank advisors are thus today often liable for the reversal. The advisors regularly did not read the certificate conditions or sales brochures, which can be up to 200 pages […]

Initiator support and controlling: products, such as profit participation certificates, sometimes prove to be a placement fiasco

*by Johannes Fiala, lawyer (Munich), MBA Financial Services (Univ.Wales), MM (Univ.), certified financial and investment advisor (A.F.A.), banker (www.fiala.de) Ad-hoc release of 02.01.2006 – Allgemeine HypothekenBank Rheinboden AG (AHBR): “AHBR expects negative net result for 2005, Frankfurt am Main, 2 January 2006 Allgemeine HypothekenBank Rheinboden AG (AHBR) expects a negative net result for the 2005 […]

Initiator support and controlling: products, such as participation certificates, sometimes prove to be a placement fiasco*.

The ad-hoc release from 02.01.2006 – Allgemeine HypothekenBankRheinboden AG (AHBR): “AHBR expects negative annual result for 2005, Frankfurt am Main,2 January 2006Allgemeine HypothekenBank Rheinboden AG (AHBR) expects a negative after-tax result for the 2005 financial year. Thiswill be in the range of EUR 1.1 to 1.3 billion, according to the Bank’s preliminary estimates. The background […]

Design and alternatives to group insurance even without broker licensing

If providers of group insurance contracts, such as associations and companies, pursue their own monetary interest with their offer, they may require registration as insurance intermediaries. How group insurance policies can be designed and, if necessary, alternatives can be created, even if the intermediary license according to § 34 GeWo is missing.   Insurance company […]

Forced renovation

How expensive will the dream of home ownership For many people, the dream of owning their own home is a lifelong goal and an integral part of private wealth accumulation. Hardly any other investment symbolizes security, stability and the realization of personal dreams as much as a home of one’s own. Often, the path to […]

Complex asset management

Long-term planning but in line with demand If you earn money, you have to learn how to handle it. On the one hand, it is important to be able to cover the needs of daily life and, on the other, to ensure long-term financial stability. Satisfying the basic needs of a human being is only […]