For decades there has been the training as Financial-Planner (financial planner), Estate-Planner (succession planner) and for some years now as Generation Consultant with IHK certificate. Surely only the trainers will make money from this for the time being. At second glance, it is a guide to the violation of the Legal Services Act (RDG) and […]
The area of additional services is a mined field for brokers. In an exclusive article for FONDS professionell ONLINE, attorney Johannes Fiala and actuary Peter Schramm cut some aisles for brokers. It is well known that brokers work on behalf of customers and are therefore also trustees who are supposed to represent customer interests. […]
The importance of legally effective brokerage agreements is repeatedly pointed out. The team of authors, Dr. Johannes Fiala and Peter Schramm, explain in their contribution which difficulties arise for the parties involved due to missing, insufficient or too comprehensive brokerage powers. The Federal Court of Justice (BGH, ruling of 29.05.2013, ref. IV ZR 165/12) […]
Liability for time value account models, fiduciary models, social security exemption and bAV fee advice Prohibited legal advice leads to invalidity of contract In its judgment of 26 August 2010 (Case No. 2 C 995/09), the AG Schwäbisch Gmünd ordered a “consulting company for working time accounts” to repay the remuneration paid, as the […]
Welth management including tax and legal advice ! * Sales models with consulting practice in the financial industry *by Johannes Fiala, Lawyer (Munich), Mediator (Univ.), MBA Financial Services (Univ.Wales), MM (Univ.), Certified Financial and Investment Advisor (A.F.A.), EC Expert (C.I.F.E.), Lecturer (Univ. of Cooperative Education), Banker (www.fiala.de) You can still govern with bad laws and […]
– How capital investors can be deceived systematically also by “money back! order” – Current BGH ruling on the invalidity of “money-back orders The Federal Court of Justice (BGH. Judgment of 11.12.2013, Ref. IV ZR 46/13) ruled that the purchase of “used” life insurance policies is null and void unless it is a genuine […]
If the company pension does not deliver what you were promised Every day we learn from politicians and the media that the statutory pension will at some point not be sufficient to maintain the accustomed standard of living in life after a professional career. Those of us who have taken out a company pension in […]
In its ruling of 16 October 2018, the Federal Court of Justice (BGH, ref. VI ZR 459/17) decided how contracts for the sale and assignment of used life insurance policies lead to an obligation to pay damages if the investor or policyholder (UN) of the life insurance policy bears the payout risk according to the […]
In the view of VDVM, a current ruling by the BGH will have far-reaching consequences for insurance brokers. Even though it will still be some time before the reasons for the judgement are given, it is becoming apparent that the Federal Court of Justice considers the settlement of claims by insurance brokers to be a […]
The Federal Court of Justice (BGH, ruling of 14.01.2016, file no. I ZR 107/14) decided that insurance brokers may not settle insurance claims on behalf of insurers (VR). In addition, there are insurance brokers who offer damage assistance to broker colleagues and their insurance customers, or to their own and any policyholders (UN) – recently […]
