Liability for real estate loans and equity financing with life insurance – banks, insurance companies and brokers are responsible for repayment

Life insurance policies for the repayment of construction loans The combination of several financial products (e.g. building loan and life insurance, real estate loan and building society contract) promises the investor additional income through possible interest rate differences or tax savings, and at the same time additional commission for the agent. However, it is not […]

Design tips for prenuptial agreements, settlement of gain and alimony

According to the Federal Fiscal Court, waiver of alimony before marriage is taxable as a gift The Federal Fiscal Court (Bundesfinanzhof, BFH) decided in its ruling of 17 October 2007 (Ref.: II R 53/05) that in the case of a waiver of maintenance prior to marriage, the “consideration” or the settlement amount is taxable as […]

Liability for real estate loans

. . and equity financing with life insurance Life insurances for the redemption of construction financing – The combination of different financial products (construction loan, life insurance, real estate loan, building society savings contract etc.) promises the investor an additional income through possible interest rate differences or tax savings, and at the same time additional […]

Tax-neutral settlement of pension commitments in combination with an own charitable trust foundation

*by Dr. Johannes Fiala, lawyer (Munich), mediator (Univ.), MBA Financial Services (Univ.Wales), MM (Univ.), certified financial and investment advisor (A.F.A.), lecturer for civil and insurance law (BA Heidenheim, Univ. of Cooperative Education), banker ( and Andreas M. Bosl, management consultant (Pöcking/Starnberg) Managing Director of Mittelstands- Strategie-Beratung GmbH and owner of MBD Mittelstands-Beratungs-Dienst e.K. (www.mbdbav. de) […]

Lawyer for banking law in Munich

Banking law: errors in advice, credit traps and more As a lawyer for banking law, I know that a bank has been part of our daily life since our earliest childhood. Just remember your first savings book, which you probably got at primary school from the nice savings bank advisor next door. We withdraw money, […]

Real estate financing: losses in the millions after financing and insurance advice

A previously unpublished judgement of the OLG Munich (file no. 20 U 4956/06), – because of decision on the non-acceptance appeal at the BGH (file no. 1/1 ZR 288/07 of 18.12.2008) legally binding -, proves the misadvice by insurance brokers in the financing even of million-dollar projects.   DM 110 million construction financing with life […]

Federal Court of Justice: Criminal bail and other security deposits are attachable

– How seizure of a bond provided by a third party can still result in taxes –   The Federal Court of Justice (BGH, judgement of 22.07.2004, ref. IX ZR 132/03) recognises in constant jurisdiction that deposited penalty bonds and other security payments are attachable by creditors of the debtor. This applies both to the […]

Stress test by financial regulator leads life insurance company into insolvency

– What are the scenarios of settlement in insurance due to low interest rates ? –   Customers of life insurers are shaken: on 16.12.2014, the business press reported that a Swiss life insurer had now filed for insolvency, and had become a victim of low interest rates. The 13,000 policies were taken over by […]

Extraordinary termination without notice of contractually non-cancellable insurance and other contracts

– How to immediately terminate long-term occupational and personal pension contracts -.   It is not only in private banks that it is common for employees to have to earn up to more than three times their gross salary. For bank customers, this means that up to more than 1% of their assets can go […]

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 […]