– Why insurance contracts should be held by shareholders – For family entrepreneurs, the risk of insolvency has an annual probability of around 1%. Then an insolvency administrator takes over the management of the business, whereby a conflict is pre-programmed if the interests of the former managing director are different from those of the […]
The Federal Court of Justice (BGH, ruling of 07.07.2020, ref. VI ZR 308/19) decided that an employed claims adjuster is (co-)liable in tort if he uses his alleged expertise for an injured party by exerting influence on the performance of third parties; § 823 I BGB. In the case in question, the injured party […]
Those who want to know that their private assets, those of a foundation or even of an institution are in good hands and who themselves have little understanding of capital preservationand protection, can assign this task to a so-called asset manager. Asset management, a professional title that is largely unprotectedorunregulated in Germany, defines a service […]
Sanctions have been in fashion for centuries, and are being broken. The widow Barbe-Nicole Clicquot-Ponsardin, in reaction to Napoleon’s Russian campaign, was concerned with the embargo imposed by the Russian Tsar on French products in 1812. The widow hired a Dutch ship, had it loaded with over 10,000 bottles of the 1811 vintage, and was […]
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 […]
The FLV-jacket as a highly interesting tool for asset structuring and optimization from a tax and inheritance planning perspective The advisor of private wealth clients should know the advantages of investing abroad. Of central importance are discretion, creative flexibility, as well as banking and insurance secrecy. Buzzwords: Income taxes Inheritance Taxes Withholding taxes individual […]
The importance of legally effective brokerage agreements is repeatedly pointed out. The team of authors, Dr. Johannes Fiala and Peter Schramm, explain in their contribution which difficulties arise for the parties involved due to missing, insufficient or too comprehensive brokerage powers. The Federal Court of Justice (BGH, ruling of 29.05.2013, ref. IV ZR 165/12) […]
Why medium-sized businesses and industry are increasingly suing insurance brokers? The responsibility of insurance brokers is considerable. As representatives of the client’s interests, brokers have an abundance of contractual and legal obligations, which they often cannot or do not want to take care of due to time constraints, especially if they promise unnecessarily much […]
Those who have lost their licence as insurance brokers are interested in continuing to “look after” their (previous) portfolios. In the trade press, the “legally erroneous” opinion kept appearing that portfolio management by brokers without a licence was not (or no longer) possible – but that this was allegedly a “legal loophole in insurance law”. […]
In times of crisis, the question of the right banking partner immediately comes to the fore. Banks have repeatedly slipped into bankruptcy, with dramatic consequences for customers. It is therefore all the more important to observe a few basic principles ….. Positive bank capital secures loans A good and therefore stable bank has a […]
