Stress test by financial regulator leads life insurance company into insolvency

– What are the scenarios of settlement in insurance due to low interest rates ? –   Customers of life insurers are shaken: on 16.12.2014, the business press reported that a Swiss life insurer had now filed for insolvency, and had become a victim of low interest rates. The 13,000 policies were taken over by […]

Reversal of closed participations and life insurances through rescission, revocation and termination?

– How capital investors can be deceived systematically also by “money back! order” –   Current BGH ruling on the invalidity of “money-back orders The Federal Court of Justice (BGH. Judgment of 11.12.2013, Ref. IV ZR 46/13) ruled that the purchase of “used” life insurance policies is null and void unless it is a genuine […]

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 […]

Customers can terminate Rüruprenten and basic pensions at any time

– How insurers use ineffective terms and conditions and sales lies to cancel contracts – New ruling by the Federal Court of Justice confirms general terminability The Federal Court of Justice (BGH judgement of 01.12.2011, ref. IX ZR 79/11) recently ruled: The saved capital in Rürup contracts (also known as basic pensions) is generally not […]

Private health insurance: Risks when concluding and changing tariffs and insurers

– When the change into another private health insurance (PKV) fails en masse – Around 10% of Germans have private health insurance. On average, customers change insurance companies five times in their lifetime, if he engages in advertising through certain brokers and distributors. Massively it comes thereby later to a contestation or a Withdrawal by […]

Federal agency omits legal fortune imputation with Rürup savers – employment agency ignores will of the legislator

– How insurers’ lies are believed and harm the middle class by the millions – No security for imputation due to Hartz IV and other social benefits In an admirable act of lobbying, life insurers have succeeded in persuading intermediaries, customers and even the Federal Employment Agency that the capital saved for Rürup pensions would […]

Insolvency law

Insolvency is rarely a disgrace Insolvencies of large and small companies are almost part of the daily news agenda. Terms likeinsolvency practitioner, reorganization, creditor or insolvency proceedings are familiar to everyone. However, we know from practice in our firm that very few people are aware of the exact meaning of a insolvency or insolvency proceeding. […]

Corona aids: With state aid in insolvency and poverty in old age

– How self-employed persons and GmbH managing directors also lose their pension provision ? – In the so-called Corona crisis, the state helps, for example by providing tax relief – such as reducing advance payments and deferral of payments upon application. This applies to income tax, corporate income tax and value added tax, but not […]

Total loss for pension scheme of the managing partner in GmbH insolvency

– New BGH ruling: How the insolvency administrator achieves confiscation and immediate realisation   The most common form of company pension scheme (bAV) for the managing partners is the pension commitment. A new ruling by the Federal Court of Justice (BGH ruling of 18 July 2013, file no. IX ZR 219/11) opens up further possibilities […]

Reduction of life insurance: No information obligation for life insurers on reduction possibilities

Members of the German Bundestag asked: “What legal obligations do life insurance companies have to inform their customers about the possibility of reducing claims before the contract is concluded, and what is the practice of life insurance policies as established by the Federal Financial Supervisory Authority (BaFin)?   The answer of the Federal Government of […]