Risk management of company insurances for Mittelstands-AG and Mittelstands-GmbH

– 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 […]

How strong claims management becomes a dangerous “service”?

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 […]

Quality Management

Why we operate a quality management system? The “DIN EN ISO 9001:2008” is a worldwide recognized standard for quality improvement and quality assurance. Large and medium-sized companies are increasingly demanding ISO certification from consultants, suppliers, but also experts and appraisers. This is particularly motivated by the fact that customer satisfaction and quality assurance should be […]

Asset manager’s liability : right to compensation and damages

Asset manager liability: What you need to know Those who are wealthy or come to assets are not necessarily also experts in the field of money investmentor asset management. For this reason, in order to maintain the preservation of their own property and to increase the long term visibility of future, many investors use the […]

Asset Management

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 […]

Is compensation for damages tax-free?

Household management damage, mobbing damage and maintenance: When benefits are tax-free – something often overlooked by consultants.   Anyone who is reduced in earning capacity as a result of a third-party-induced damage to health receives compensation for this, which is taxable as it replaces earned income. However, for the reduced ability to carry out unpaid […]

Alternatives to wage compensation: damage to housekeeping, mobbing and maintenance

When are services tax-free and often overlooked by consultants ? Anyone who is reduced in earning capacity as a result of a third-party-induced damage to health receives compensation for this, which is taxable as it replaces earned income. However, for the reduced ability to carry out unpaid household work, he receives a tax-exempt loss of […]

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 […]

Questionable damage – highly questionable fraud?

How FIFA, Microsoft, WPs, BP and the Mafia are sued under the same law and pilloried through American glasses, Dr. Johannes Fiala and Dipl.-Math. Peter A. Schramm explain in a multi-part article. The first part was about the “Racketeer Influenced and Corrupt Organizations Act”, a US federal law that makes this kind of jurisdiction possible. […]