The Federal Court of Justice (BGH, ruling of 24.06.2015, file no. IV ZR 411/13) has already decided that the direct insurance policy of a shareholder-managing director can be seized despite an irrevocable subscription right with reservation of revocation until the so-called vesting with the GmbH, even in the event of his termination due to insolvency. […]
– only precaution on social assistance level may be protected from creditors – The sales market of the securitization of the Rürup capital For many years, insurance associations, insurers and the insurance sales force have been praising the Rüruprente in advertising brochures as a seizure-protected old age provision. Now, according to a new letter […]
Insolvency administrators are not obliged to maintain the liability insurance concluded in favour of a manager or director. This was decided by the Federal Court of Justice (Ref.: IX ZR 161/15) in April of this year. This means that the legal claim to the cover insured in favour of the managing director, in particular to […]
Petition proves: Pension commitment is not insolvency-proof but seizable: Where the ?hare in the pepper? lies shows the report of the Petitionsausschuss of the German Bundestag. In the printed matter 15/5570 of 01.06.2005 it is called ?a Petent turns against the unrestricted seizability ? He stated that in the course of insolvency proceedings in 2002 […]
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) In the beginning there is often a tax saving model: For the family business, which is usually run as a GmbH (limited liability company), the company pension scheme (bAV), for example as a pension commitment, […]
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 ) Petition proves: Pension commitment is not insolvency-proof but seizable: Where the ?hare in the pepper? lies shows the report of the Petitionsausschuss of the German Bundestag. In the printed matter 15/5570 of 01.06.2005 it […]
