ECJ: Tax advice to residents by foreign consultants

In its ruling of 17.12.2015 (Case C-342/14), the European Court of Justice (ECJ) ruled that foreign tax consulting companies are authorised to provide tax advice in Germany. According to the Advocate General’s opinion to the ECJ, this requires “the recognition of the company and the appointment of its management bodies as tax advisors” (StB) – […]

Foreign life, pension and health insurance: Opportunities and risks for insurance companies and insurance brokers

Foreign insurance companies, especially those from the European Economic Area (EEA) and the European Union (EU) are increasingly competing with domestic providers. For insurance intermediaries and insurance customers, this creates risks, but also opportunities. In private health insurance we see only the beginning of a development here. EEA and EU insurers must obtain a certificate […]

Finance and risk control

More wealth in a planned and controlled manner The own assets in a planned and future-oriented management as well as value-enhancing and risk-optimized investment requires the highest degree of Knowledge and time. Not everyone who has achieved a certain level of wealth is also a financial or controlling expert , so it is advisable to […]

Channel Seminar Tax Reform 2007

Event tip: ChannelSeminar tax reform 2007 The tax value is to rise strongly for medium-size enterprises with the inheritance tax and enterprise follow-up. Accordingly, business assets are to be divided into “good” and “bad” assets for tax purposes in the future. The so-called evil assets = unproductive assets (cash assets, cash in hand, bank balances, […]

Life insurance in Liechtenstein

*by Johannes Fiala, Lawyer (Munich), MBA Financial Services (Univ.Wales), MM (Univ.), Certified Financial and Investment Advisor (A.F.A.), EC Expert (C.I.F.E.), Banker (www.fiala.de) Safeguard assets and values by spreading them abroad There are many reasons to consider life insurance from Liechtenstein. The best known are bankruptcy privilege and insurance secrecy. Remarkable options are also available for […]

Company pensioners lose claim to German employer

As of January 31, 2023, transposition into national law (draft bill of April 20, 2022) is to make it easier for domestic companies to merge with foreign (European) companies, including transfer of the registered office abroad. In return, company pensioners can then be deprived of the protection of the German #Pensionssicherungs #Vereins aG (PSVAG) in […]

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 […]

Insurers and banks settle dispute over aiding and abetting tax evasion with millions in fines

– Employees and customers are still surprised by international arrest warrants –   Insurers’ and banks’ agreement with judiciary does not prevent prosecution of employees Although some banks, as well as insurers, have settled their dispute with the US judiciary by pleading guilty to criminal charges, the individual employees involved remain under investigation. No employee […]

Sharia protects against creditors, also in inheritance law and family law claims

– Basic foreign values (ordre public) protect against access to assets – German courts also recognise Sharia law and, where applicable, apply it compulsorily if it does not contradict fundamental German legal concepts – especially the constitution. Conversely, German law is not applied abroad, even if it is fundamentally valid, if it contradicts the fundamental […]

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 […]