The ruling of the Federal Social Court: Before the Federal Social Court (BSG) a GGF with its Unternehmensberatungs-GmbH lost: After the wording of the reasons for the judgement (Az. B 12 RA 1/04 R) also a GmbH managing director active only for its own GmbH is subject to the pension insurance obligation. The Federal Minister […]
– 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 […]
*by Johannes Fiala, Attorney at Law (Munich), M.B.A. (Univ.Wales), M.M. (Univ.), Certified Financial and Investment Advisor (A.F.A.), Banker (www.fiala.de) At sales training courses it is often claimed that company pension schemes are protected against insolvency. Even an insolvency administrator cannot access this money of the managing partner (GGF) – in particular the reinsurance – if, […]
EuroSwitch!
DIE WELT of August 03, 2005, page 1 reports: A recent study by the German Institute for Retirement Provision (DIA) reveals that the statutory pension is no longer sufficient. However, almost 60 percent of all households do not make sufficient provision for their old age. Nearly one third of the population is even threatened […]
*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) The financial manager Erhard Straub refers to his very good experience with DCM Deutsche betriebliche Altersvorsorge AG: In his opinion, the intermediary should also point out in the cooperation with StB, RA and WP that […]
Johannes Fiala, lawyer (Munich), Andreas Michael Bosl, management consultant bAV (Pöcking). At sales training courses it is often claimed that company pension schemes are protected against insolvency. Even an insolvency administrator cannot access this money – in particular the reinsurance – if, for example, the employer goes bankrupt. This 1, is however simply wrong, as […]
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 ) The U-cash in the insolvency of the company: For decades, the entrepreneur was told what some insurers still say today in their sales documents: “Your company pension scheme is protected against insolvency by a […]
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 ) Revocable subscription right In the event of insolvency, the employee does not have a right to separate satisfaction in respect of a direct insurance policy if the subscription right is designed to be revocable. […]
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) The judgement of the Federal Social Court: Before the Federal Social Court (BSG) a GGF with its management consultation GmbH lost: After the wording of the judgement reasons (Az. B 12 RA 1/04 R) also […]
