– How the insurance consultant with a second job may do exactly this and more nevertheless – Insurance brokers as well as insurance consultants are allowed to offer policyholders (VN) in private health insurance (PKV) at the change of tariff according to the new tariff. § Section 204 of the German Insurance Contract Act […]
The implementation of the Directive EU 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution, i.e. the Insurance Distribution Directive (IDD) by Section 43c of the German Insurance Supervision Act (VAG), leads to financial risks for insurers (VR) and insurance brokers (VM). The insurer may be allowed to […]
The message in the COLLEGA Weekly Ticker 50/2017 shows that the current phase of low interest rates is also placing an enormous burden on the occupational pension schemes. The reader of COLLEGA-Wochen-Ticker, lawyer Dr. Johannes Fiala writes us about this: “As a private insurance company supervised by BaFin, Deutsche Steuerberater-Versicherung Pensionskasse des steuerberatenden Berufs VVaG […]
*by Stefan Oppelt (Rödermark), bAV business consultant (www.abacus-consult.de) and Johannes Fiala (Munich), lawyer (www.fiala.de) Pensions in a family limited company: An occupational pension consultant finds the following situation in a company to be examined, a medium-sized trading company (family limited company): In 1978, a pension commitment was made by the GmbH for both the managing […]
– When structures for asset protection and succession planning are ineffective – Banks and insurance companies, as well as financial advisors from Germany and abroad, are praising foreign camouflage constructions via prospectuses and appraisals. This should make it practically possible for assets of 100,000 euros or more to constitute a secure succession arrangement by circumventing […]
– Why insurance customers should expect qualified advice – The Saarland Higher Regional Court (ruling of 27.01.2011, ref. 5 U 337/09) ruled that insurance brokers who cannot provide any or only incomplete documentation of their advice bear the full burden of proof for correct advice. The advice and reasons should therefore be noted because […]
Tax consultants are not infallible either The tax law in Germany is known to be one of the most complex and most comprehensive on this planet. In order not to get unloved mail from the tax office at some point, not only entrepreneurs and companies trust , but also increasingly private persons to the supportof […]
Short-time work compensation (KUG) is only available as a subsidiary social benefit under the Third Social Security Code. According to legal regulations, benefits or insurance contractual legal claims from a business closure insurance (BSV) are credited, i.e. deducted. This is now said to have changed temporarily by an order of the Federal Institute for Salaried Employees (BA). Really?
Insolvency creditors normally have to register their claims in the table and can immediately write off up to more than 90%. The rate is often just above zero. Nevertheless, there are numerous exceptions to the rule of how to get your money despite the insolvency of the debtor. Maintenance obligations and intentional tort […]
– Why a broker is allowed to give advice on changing tariffs for a contingency fee – The Federal Court of Justice decided (BGH, ruling of 28.06.2018, file no. I ZR 77/17) that an insurance brokerage contract does not require that the client is to be looked after on a permanent basis according to […]
