– 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 “Adkura Cash” case: Once upon a time there was a U-Kasse in Ratingen, today you can only find the insolvency administrator on the Internet who handles this U-Kasse. The case went through the press, because the last official act of the owners of that U-Kasse was to transfer the U-Kasse assets to the Cayman […]
If managing directors and senior executives have been promised their company pension scheme(bAV) as a pension commitment or direct commitment, in the vast majority of cases the existing reinsurance assets are not sufficient to fully finance the retirement benefits. Insofar as reinsurance – e.g. as life insurance or investment funds – are available, employers think […]
If managing directors and executives have been promised their company pension scheme (bAV) as a pension commitment or direct commitment, in most cases the existing reinsurance assets are not sufficient to finance the retirement benefits. To the extent that reinsurance is available – for example, in the form of life insurance or investment funds – […]
The Federal Labour Court (BAG, ruling dated 11 November 2014, ref. 3 AZR 404/13) decided when a pension commitment does not fall under the protection of insolvency insurance by the Pensionssicherungsverein aG (PSVaG) as a company pension scheme (bAV) because it is based on a position as a shareholder – and was therefore not issued […]
by RA, Bankkaufmann Rüdiger Wilhem Lohkamp and RA, Bankkaufmann Johannes Fiala – Kanzlei Fiala, Freiesleben & Weber – RA, PA, StB & WP (Munich), www.fiala.de Examination of the plausibility: Mediation obligation also with the customer at the Front: The Federal Court of Justice has clarified, among other things, in its judgement of 13.01.2000, NJW-RR 1993, […]
Distribution approach of the pension commitment “Your pension commitment is safe: either it is pledged to a GGF ‘bomb-proof’ or the PSVaG steps in”. But this idea is far removed from the reality of practical GmbH insolvency cases in medium-sized companies. Duties The insurance industry, as a classic product provider, tries to play down the […]
(PERSONAL 12/2006, 26)
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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 case ?XXX U-Kasse?: Once upon a time there was a U-Kasse in Ratingen, today you can only find the insolvency administrator on the Internet who is winding up this U-Kasse. The case went through […]
