Lawyer for banking law in Munich

Banking law: errors in advice, credit traps and more As a lawyer for banking law, I know that a bank has been part of our daily life since our earliest childhood. Just remember your first savings book, which you probably got at primary school from the nice savings bank advisor next door. We withdraw money, […]

Asset management in private wealth 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 […]

Deposit protection at banks and insurance companies – a bankruptcy protection?

securing devices are to be found there, where there are threats to security. State supervision is also a sign of mistrust, not trust, the authors argue, asking who would feel safer there, where it is transported with a mine-proof armoured vehicle or In einem …with a nato-wire fence and an office secured by heavily-armed men? […]

Criminal tax fraud or money laundering with the help of foundation trustees and life insurance companies

Johannes Fiala, Peter A. Schramm It is the responsibility of the capital investor to have “tax saving models” examined independently of “fee and commission interests” before making an investment decision. Because even re – nommierte credit institutes arrange dubious investment models until today. Seit Jahren schreiben Steuerfahndungsstellen Bundesbürger wegen „Ermittlungsverfahren nach § 208 Abs. 1 […]

Life Insurance

In the course of the coming final withholding tax, life insurers from Liechtenstein are increasingly appearing in Germany. In this context, the Munich lawyer Dr. Johannes Fiala has pointed out that the problem of abuse of structure can arise here, which leads to a tax-privileged life insurance policy becoming a taxable investment. According to Fiala, […]

Intermediary liability: examination and archiving of documents

Commentary on the expert check by attorney Fiala The expert check is a formal check. This means that the adviser and/or intermediary is also obliged in any case to check an investment concept at least for plausibility – e.g. for economic viability (cf. BGH judgment of 13.01.2000, III ZR 62/99). In addition, there is an […]

Life insurance from Liechtenstein

Bankruptcy privilege and insolvency protection   There are many reasons to look into life insurance from Liechtenstein. The best known are bankruptcy privilege and insurance secrecy. There are also remarkable options for the design of the succession. Last but not least, it is not the insurance company that manages the assets here, but the personal […]

Reversal of bad capital investments and investments

New opportunities for investors through the Federal Supreme Court (BGH) It’s not enough to have a chance, you have to take it! (Michael Douglas) Investment advisors are regularly overburdened when it comes to checking the “legal, tax and economic viability” of investments. Bank advisors often do not fare much better, although the Federal Supreme Court […]

Intermediary liability: examination and archiving of documents

*by Johannes Fiala, Lawyer(Munich), M.B.A. (Univ.Wales), M.M.(Univ.), Certified Financial and Investment Advisor (A.F.A.), EC Expert(C.I.F.E.),Banker (www.fiala.de) Commentary on the “expert check The expert check is a formal check. This means that the adviser and/or intermediary is also obliged in any case to check an investment concept at least for plausibility ? for example on economic […]

Occupational pension schemes: Advice protocols and products put to the test

*by Peter F. Then, insurance broker (Veitshöchheim), lawyer (www.then-finanz.de) and Johannes Fiala, lawyer (Munich), banker (www.fiala.de ) The information problem: An agent writes ‘I personally have no problem with broker liability. I am largely responsible for my own actions. Only that I should take over the liability for the mistakes of my suppliers does not […]