Initiator support and controlling: When BaFin prohibits PKV sales and orders liquidation

*by Johannes Fiala, lawyer (Munich), MBA Financial Services (Univ.Wales), MM (Univ.), certified financial and investment advisor (A.F.A.), banker ( and Dipl.-Math. Peter A. Schramm, actuary DAV (Diethardt), actuarial expert ( For initiators and distributors it is of crucial importance that all necessary permits are available ? including audited prospectuses. However, there are always initiators who […]

Liability traps in the liquidation of life insurance policies

by Peter Schramm ( and Johannes Fiala ( Until 1994, guaranteed surrender values were paid out in German life insurance in the event of cancellation, which were calculated from the actuarial reserve according to the business plan less cancellation deductions. Fair values instead of guaranteed surrender values With the deregulation of 1994, the guaranteed surrender […]

The real estate GmbH as a supposedly clever tax saving idea

– Why smart private investors should give it a wide berth? – But woe, woe, woe! When I look at the end!!! (Wilhelm Busch, 1865)   Asset-managing LLCs are among the top topics of numerous podcasts penned by experts and professors. This construction is advertised, for example, with the fact that only 15% corporate income […]

Federal Ministry of Finance: Insurance intermediaries secure zero return on life insurance policies

– Why the days of effortless money-making via life insurance are long gone –   Agents’ commissions fall The Life Insurance Reform Act (LVRG) not only lowers the guaranteed interest rate for life insurance policies from 1.75% to only 1.25% from 2015, but also the permitted inclusion of acquisition costs through zillmerisation from 4% to […]

Professional asset protection – asset protection for medium-sized companies in practice

– Legal management of insolvency risks in occupational and private pension schemes –   The private and occupational pensions of the self-employed are particularly at risk in the event of their own insolvency. This is also confirmed by a new ruling of the Federal Court of Justice[1] (BGH) according to which Rürup/basic pensions can be […]

Corona aid: With the support of the state in insolvency and old-age poverty

The wave of insolvencies is coming. What is to be considered thereby and how self-employed persons and GmbH managing directors could lose also the old age pension, explain the examined financial and investment advisor and banker Dr. Johannes Fiala and the expert for insurance mathematics Peter A. Schramm.   In the so-called Corona crisis, the […]

Finance and risk control

More wealth in a planned and controlled manner The own assets in a planned and future-oriented management as well as value-enhancing and risk-optimized investment requires the highest degree of Knowledge and time. Not everyone who has achieved a certain level of wealth is also a financial or controlling expert , so it is advisable to […]

Insolvency law

Insolvency is rarely a disgrace Insolvencies of large and small companies are almost part of the daily news agenda. Terms likeinsolvency practitioner, reorganization, creditor or insolvency proceedings are familiar to everyone. However, we know from practice in our firm that very few people are aware of the exact meaning of a insolvency or insolvency proceeding. […]

Corona aids: With state aid in insolvency and poverty in old age

– How self-employed persons and GmbH managing directors also lose their pension provision ? – In the so-called Corona crisis, the state helps, for example by providing tax relief – such as reducing advance payments and deferral of payments upon application. This applies to income tax, corporate income tax and value added tax, but not […]