Currently, the typical medium-sized GmbH (limited liability company) finds itself more and more often in a crisis situation because a managing director suddenly becomes incapacitated for work. An isolated incident? No, because insolvency administrators observe that the occupational disability of the managing director has become an increasing reason for insolvency. But what are the causes […]
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) Alleged insolvency protection: At sales training courses it is often claimed that occupational pension schemes are protected against insolvency. To this money ? In the event of the employer going bankrupt, for example, even an […]
Insolvency application risk for pension commitments The so-called pension commitment or direct commitment is a common and extremely popular pension provision concept for managing directors, especially in medium-sized companies. Thousands of times thought of as a retirement provision for leading employees, this “tax savings model” was gladly recommended by tax consultants all over Germany and […]
– Why up to more than 95% of managing partners lose their pension- A new ruling by the Federal Court of Justice (BGH) dated 1 April 2013 (ref. IX ZR 176/76) shows that managing partners and controlling directors often face the complete or predominant loss of their pension as a retirement benefit despite “pledging the […]
– How to exit from unprofitable contracts with a low tax burden -. Contrary to claims to the contrary, the assets saved in the company pension scheme (bAV) can, as a rule, be dissolved prematurely. This applies both to the occupational pension scheme of normal employees and to managing directors and board members – […]
Loss of company pension scheme for managing directors in the event of insolvency The company pension scheme has increasingly become the focus of public interest in recent years due to changes and adjustments in pension policy. Politicians are increasingly shifting the issue of pensions into the personal responsibility of employees and employers, which means that […]
When pension funds cut their own benefits For years, there have been more and more reports about the reduction of benefits in pension funds, life insurance companies and pension funds. Responsible actuaries, actuaries, are increasingly worried there. And rightly so, because employers could take recourse against these experts in matters of occupational pension calculation. After […]
– Even with PSV protection, the GGF is in danger of completely losing its contractually and legally protected pension commitment (direct commitment) – In principle, the managing partner (GGF) of a GmbH is subject to the personal protection of the Works Pension Act (BetrAVG), if he is considered as not controlling in the labour […]
The pension promise as a tax trap? The advantages of a pension commitment are sufficiently known to every tax consultant and GmbH controlling shareholder-managing director. Tax advisors have also recommended this pension plan to their clients in order to reduce taxes and increase liquidity in the company. However, experts estimate that over 90% […]
When insolvency administrators collect insurance benefits for a supplementary distribution In the case of insolvency, a distinction is made between the actual insolvency proceedings and the subsequent good conduct phase lasting several years. Insurance benefits from private and company pension schemes (bAV), but also from term life insurance, can be paid out in both […]
