– Why so-called Directors & Officers (D&O) liability insurance policies often do not cover – Manager liability instead of risk management Self-employed persons, i.e. tradesmen and freelancers, often use corporations for their own professional activities. Out of fear of so-called “liability for breaching private assets”, you then have a manager liability insurance policy sold […]
Insolvency administrators are not obliged to maintain the liability insurance concluded in favour of a manager or director. This was decided by the Federal Court of Justice (Ref.: IX ZR 161/15) in April of this year. This means that the legal claim to the cover insured in favour of the managing director, in particular to […]
*by lawyer Dr. Johannes Fiala, MBA Financial Services (Univ. Wales), MM (Univ.), banker (IHK), certified financial and investment advisor (A.F.A.), lecturer for civil law and insurance law (Univ. of Cooperative Education) Manager liability – corporation as an alternative for financial service providers? For the financial services sector, the signs are pointing to a storm. Experts […]
Asset manager liability: What you need to know Those who are wealthy or come to assets are not necessarily also experts in the field of money investmentor asset management. For this reason, in order to maintain the preservation of their own property and to increase the long term visibility of future, many investors use the […]
A reply to Stritters Forum tips of 13.10.2007 Some business managers can be blinded by attestations, certificates and certifications when purchasing software: Not only the content with many ifs and buts, but especially the liability situation shows that these are regularly samples without value. Manager liability Even from a medium-sized GmbH, the management […]
“You only get rich by doing things you don’t desire.” (Mahatma Gandhi, Indian politician, 1869 – 1948) Increasing dangers due to kick-backs After Switzerland, the topic of kick-backs is now also increasingly leading to legal proceedings in Germany if a customer feels cheated by his financial service provider or financial services institution. The […]
The difference between the right word and the almost right word is the same as between a flash of lightning and a firefly (Mark Twain, US storyteller and satirist, 1835 – 1910). Since many training courses of product providers and/or distributors are based on legal statements whose contents were not checked in advance, the […]
Lawyers are not untouchable either When we turn to a lawyer with a matter of concern, the reasons for this are manifold, often unattractive and usually require specific expertise, which cannot be accessed by a layperson in the short term. One is “at the mercy” of the competence and the action of the lawyer and […]
Why training and sales managers are personally liable in private health insurance sales. An analysis by attorney Dr. Johannes Fiala and mathematician Peter A. Schramm. Landauf Landab insurance brokers, independent financial service providers and bank advisors complain that at sales events held by trainers, they actually only experience positive product features through colourful pictures, […]
In its ruling of 3 August 2017 (Ref. V R 19/16), the Federal Court of Finance (BFH) decided that the establishment of a structured sales organisation is not exempt from VAT. In principle, this not only applies to structured sales organisations and other distribution companies and pools, but also to insurance intermediaries (agents), insurance brokers […]
