Search results for: Liability of intermediaries

occupational pension schemes: liability of intermediaries, insurers and tax advisors !

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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.), banker (www.fiala.de) Financial service providers with experience in advising on occupational pension schemes report that most occupational pension schemes are designed or implemented incorrectly. When the child has fallen into the well, the question of responsibility arises. Liability for incorrect […]

occupational pension schemes: liability of intermediaries, insurers and tax advisors !

Published on:

*by Johannes Fiala, lawyer (Munich), M.B.A. (Univ.Wales), M.M. (Univ.), certified financial and investment advisor (A.F.A.), banker (www.fiala.de) Financial service providers with experience in advising on occupational pension schemes report that most occupational pension schemes are designed or implemented incorrectly. When the child has fallen into the well, the question of responsibility arises. Liability for incorrect […]

Neither liability umbrellas nor structured distributors protect intermediaries from personal liability

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– When sellers, intermediaries and advisors are themselves in the fire in the case of insolvent investments –   A well-known structural distributor was ordered to pay damages by judgment of 31.07.2014 (LG Frankfurt/Main, Case No. 2-32 O 154/13) because an investment advisor insufficiently informed about risks of a real estate fund. Structural distributors and […]

Insurance intermediaries: Between the fulfilment of obligations and liability

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The Federal Court of Justice (BGH, ruling of 10 March 2016, file no. I ZR 147/14) decided: “The obligations of the insurance broker to provide information and advice primarily include the questions of which risks the policyholder should insure, how the most effective cover can be achieved, with which risk carrier the cover can be […]

What effects does the current low-interest phase have on the liability situation of intermediaries and advisors?

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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, Your questions. Questions can be asked by emailing ott@dhbw-heidenheim.de.   Neither in the case of […]

VSH: Coverage gaps for liability umbrella and intermediaries

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Time and again, companies in the investment brokerage industry get into difficulties or disappear from the market. In fact, the individual intermediaries, for whom such events can threaten their very existence, are always caught up in the maelstrom. The latest example of this could now become the liability umbrella of Infinus. For the time being, […]

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

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  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, […]

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

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

Immense liability potential for intermediaries: Zillmerung in bAV impermissible!

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24.04.2007 A recent ruling by the Regional Labor Court (Landesarbeitsgericht – LAG) in Munich confirms that the offsetting of acquisition costs in the first few years – in particular by means of zillmerization – is not permissible in occupational pension schemes with deferred compensation. Such agreements are null and void – even if the employee […]

Immense liability potential for intermediaries: Zillmerung in bAV impermissible!

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24.04.2007 Ein aktuelles Urteil des Landesarbeitsgerichts (LAG) München bestätigt, dass die Verrechnung der Abschlusskosten in den ersten Jahren – insbesondere durch Zillmerung – in der betrieblichen Altersversorgung mit Entgeltumwandlung unzulässig ist. Entsprechende Vereinbarungen sind nichtig – selbst wenn der Arbeitnehmer vorher über die Abschlusskostenverrechung ausdrücklich aufgeklärt wurde. In seinen Gründen geht das LAG darüber hinaus […]