Massive investor losses due to overly safe investments

– Why the Small Investor Protection Act does not protect against investment losses due to low interest rates –   Obligation to provide investor-friendly advice According to the BGH Bond ruling (Federal Court of Justice ruling of 14.06.2007, Ref. XI ZR 12/93), all investment advice must be appropriate to the investor and the property. Investor-oriented […]

Certificates and derivatives: Investors’ contribution to losses in the subprime crisis

Renowned credit institutions sold “guarantee” certificates and similar constructs, for example those of Lehman Brothers Bank, to gullible bank customers as safe investments: Bank and savings bank advisors are thus today often liable for the reversal. The advisors regularly did not read the certificate conditions or sales brochures, which can be up to 200 pages […]

Why private basic pensions often lead to losses for policyholders

A marketing expert remarked: “The best marketing agency is in Berlin – that is, the government”. First came the Riester pension with subsidised allowances, then the increasingly tax-deductible basic pension – also known as the Rürup pension. One financial services provider said: “The shift from state to private retirement provision is a growth market for […]

How investors are deceived when buying property

Deception of investors: The real estate as a supposedly safe investment The deception of investors in the real estate segment is unfortunately common practice. Real estate investors are often deceived by false or misleading information. For example, it is not uncommon for sample invoices to lack important information for calculating returns, such as any costs […]

Money for investors completely back!

Berlin Regional Court on pre-market shares: Money for the investor completely back ! In its judgement of 15.10.2003 (Az. 28 O 588/02), the LG Berlin decided that investors in pre-market shares will get all their invested money back from the broker if no written clarification has been provided. The LG Berlin emphasises that clear and […]

Bank liability for investor damage or investor contribution to the subprime crisis

When selling, advising or brokering certificates and derivatives, special information is required to avoid liability towards investors. Credit institutions sold “guarantee” certificates and similar constructs to bank customers, for example the Lehman Brothers Bank, as a safe investment: numerous liability traps await bank and savings bank advisors.   I. Consultant incompetence and conditions trap Certificates […]

Liability despite total loss

– What are the liability risks for investors, advisors and intermediaries?   German investors lose up to more than 40 billion euros annually on capital investments. Time and again, public prosecutors or insolvency administrators are interested in whether the calculation of returns or the practices in balance sheets and accounting have been all too creative […]

Capital investments as modified fastball systems – tax liability despite total loss

– What are the liability risks for investors, advisors and intermediaries?   German investors lose up to more than 40 billion euros annually on capital investments. Time and again, public prosecutors or insolvency administrators are interested in whether the calculation of returns or the practices in balance sheets and accounting have been all too creative […]

Loss of purchasing power, demographics and low interest rates destroy supply dreams

“The safest thing about the state pension is the pension gap.” (André Kostolany) If we compare the prospects of past and present pensioners with those of future generations of pensioners, we find that over the decades the legislator has roughly halved the provision via the German Pension Insurance Federation (DRV) in relation to the last […]

How much protection does the new compulsory pecuniary loss liability insurance offer for financial investment intermediaries licensed in future under § 34 f GewO?

  From the series of newsletters of the DHBW (Baden-Wuerttemberg Cooperative State University) Heidenheim on the topic “Mediation Law in Practice”: At this point, lawyer Dr. Johannes Fiala, https://www.fiala.de, lecturer for insurance law at the DHBW Heidenheim, will answer your questions. Questions can be asked by emailing ott@dhbw-heidenheim.de.   This field initially contains three areas, […]