Extraordinary termination without notice of contractually non-cancellable insurance and other contracts

– How to immediately terminate long-term occupational and personal pension contracts -.   It is not only in private banks that it is common for employees to have to earn up to more than three times their gross salary. For bank customers, this means that up to more than 1% of their assets can go […]

Insurance fraud in connection with partial retirement, working time accounts and pension commitments via double trust (CTA)

Total loss in the case of partial retirement, working time accounts and pension commitments How directors, other officers, or self-employed agents completely lose their retirement benefits due to ineffective trust models.   The business model of renowned corporate consultants for occupational pension schemes (bAV) includes the provision of the reinsurance assets by means of a […]

Contractual benefits in the PKV not safe!

The PKV does not cease to invoke an alleged disadvantage of the statutory health insurance. There, the legislature could reduce benefits at any time by legislative decree. He had also made use of this time and again in order to keep an increase in contribution rates within limits. In private health insurance, on the other […]

Sales risk: Closed-end investments with trust structures

*by Johannes Fiala, Lawyer (Munich), Mediator (Univ.), MBA Financial Services (Univ.Wales), MM (Univ.), Certified Financial and Investment Advisor (A.F.A.), EC Expert (C.I.F.E.), Lecturer (Univ. of Cooperative Education), Banker (www.fiala.de) “Most transportation taxes, including sales taxes, have no deeper purpose than to bring money to the state.” Federal Fiscal Court (BFH), in: BStBl 1973, p.96 From […]

Professor, tax consultant or lawyer as a supervisory board member? – Legal prohibitions and void consultancy or mandate agreements

*by Dr. Johannes Fiala, Lawyer (Munich), Mediator (Univ.), MBA Financial Services (Univ.Wales), MM (Univ.), Certified Financial and Investment Advisor (A.F.A.), EC Expert (C.I.F.E.), Lecturer in Civil and Insurance Law (Univ. of Cooperative Education), Banker (www.fiala.de) For the intermediary or financial service provider, the question of the plausibility of the concepts as well as the seriousness […]

Company pension scheme (bAV) and working time account models (ZWK) – No asset protection in the event of insolvency of the company through trust/CTA models

*by Dr. Johannes Fiala, lawyer (Munich), mediator (Univ.), MBA Financial Services (Univ.Wales), MM (Univ.), certified financial and investment advisor (A.F.A.), EC expert (C.I.F.E.), lecturer for civil and insurance law (Univ. of Cooperative Education), banker (www.fiala.de) and Peter A. Schramm, actuary DAV (Diethardt), graduate mathematician (Univ.), expert for actuarial mathematics, publicly appointed and sworn by the […]

Closed-end investments with trustee structures

*by Johannes Fiala, Lawyer (Munich), Mediator (Univ.), MBA Financial Services (Univ.Wales), MM (Univ.), Certified Financial and Investment Advisor (A.F.A.), EC Expert (C.I.F.E.), Lecturer (Univ. of Cooperative Education), Banker (www.fiala.de) “Most transportation taxes, including sales taxes, have no deeper purpose than to bring money to the state.” Federal Fiscal Court (BFH), in: BStBl 1973, p.96 From […]

Life insurance companies and foundations from Liechtenstein, Bermuda, Switzerland and Papua New Guinea

– When structures for asset protection and succession planning are ineffective – Banks and insurance companies, as well as financial advisors from Germany and abroad, are praising foreign camouflage constructions via prospectuses and appraisals. This should make it practically possible for assets of 100,000 euros or more to constitute a secure succession arrangement by circumventing […]

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 […]

Commercial agents and commercial agency law

Clear rules for successful cooperation Commercial agents initiate business in the name of and on behalf of businesses and companies and conclude transactions for them on a commission basis. Here the representatives are in arenot in a dependent employment relationship with the commissioning company, but work as a independent traders on their own responsibility. So […]