Endowment via a sale of receivables

Write off company loans immediately and turn them into cash Partners of a corporation or partnership naturally want their company to do well, after all, their economic existence regularly depends on it. If the company needs fresh money, for example to open up new business areas or to carry out projects, the first port of […]

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 […]

Real estate and construction financing: We advise you on the ground!

– Credit institutions are liable for failure in real estate financing duration until retirement age –   Credit institutions often finance real estate in the foreseeable knowledge that the property will not be paid off by the time the borrower retires. If a failure of the financing and thus a forced sale of the property […]

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, […]

Permits for guardianship of minors, care and administration of the estate

Permits for guardianship of minors, care and administration of the estate Introduction A legal guardian can be appointed for an adult: Legal guardianship leads to legal guardianship, § 1902. The guardianship court may appoint a voluntary guardian (lay guardian) or a professional guardian. The appointment of a suitable volunteer supervisor is a priority. The volunteer […]

Legally managing the insolvency risks of pension schemes

The basic provisions granted by the legislator as a protective shield for old-age provision are not comprehensive. The approach of professional asset protection starts with the consideration of an early division of assets. By separating the professional risks within the framework of a corporation from the private assets, a liability block is created quite legally. […]

Mistakes and pitfalls in real estate financing

Unsound proposals by intermediaries and financial houses for investors and builders In the last three decades, around one million German citizens have had a de facto junk property sold to them as an investment, primarily as a retirement provision. Very few are actually a case for the wrecking ball or the demolition expert, because they […]

Mistakes and pitfalls in real estate financing

Risks:  Unsound proposals of the mediators and finance houses for investors and owners are no rarity – in the last three decades approximately a Milliion of German citizens let themselves be sold a de facto junk real estate as an investment, above all for the age precaution. It is true that very few of them […]

Liability issues in the tax saving and acquirer model

by Johannes Fiala, MBA/Lawyer Kristina Starck, Munich/Dr. rer pol Klaus Werht, private lecturer at the Department of Economics of the University of Hamburg, damage assessor in Hamburg-Neugraben I. Typical facts The investor is regularly approached by a contact person with the aim of clarifying whether there is a general interest in saving taxes or acquiring […]

Life insurance companies owe re-billing and back pay*

*by Peter Schramm, expert and Johannes Fiala, lawyer Two decisions from 2005 will massively change the contracts of life insurers and the settlement practice in the future in favour of consumers: These are the BGH rulings of 12.10.2005 (Ref. IV ZR 162/03, 177/03, 245/03) and the Constitutional Court with its decision of 26.07.2005 (Ref. 1 […]