Federal Supreme Court (BGH): Reversal of open-ended investment funds with hidden commissions ! Can investors now always simply part with bad fund investments?

It’s not enough to have a chance, you have to take it ! (Michael Douglas) The Federal High Court has created by the current judgement of 19.12.2006 (Az. XI ZR 56/05) for investors a “new” possibility of giving bad Investments back to loads of credit institutes and Finanzvertrieben. The core of the case is a […]

Lawyer for investment law in Munich

Investment law: Ask at the right time The investor protector Heinz Gerlach (*1945, +2010) once said that the typical investor at the regulars’ table only has three questions: First question: The investor waves various prospectus documents and asks “Is that something?”Second question: “And what’s the best?”Third question (usually after months or years): “What is the […]

Pension funds give cause for concern

Risks for doctors, notaries, tax consultants, lawyers, dentists, architects and auditors Around 90 pension funds, also known as pension chambers, are public corporations that collect funds from their “compulsory members” for the au au of a funded pension scheme. Past and foreseeable pension cuts challenge the system. No exit by refusal to pay The Higher […]

Risk for doctors: Significantly lower pensions from pension funds

Around 90 pension funds, also known as pension chambers, are public corporations that collect funds from their “compulsory members” to build up a funded pension scheme. But the pension cuts that have already been decided, as well as those that are foreseeable in the future, call the system into question. However, “withdrawal” is not an […]

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

  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?

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 […]

Provision – funds as an investment trap also for the generation 80-plus

At times – fortunately not universally – it happens that investors in asset matters do not necessarily experience the disposition care for their assets that should obviously be readily apparent. So in the case described. Then it is important to have the script of a reversal consultation in mind. Red.   The inglorious case: When […]

Reversal of bad capital investments and investments

New opportunities for investors through the Federal Supreme Court (BGH) It’s not enough to have a chance, you have to take it! (Michael Douglas) Investment advisors are regularly overburdened when it comes to checking the “legal, tax and economic viability” of investments. Bank advisors often do not fare much better, although the Federal Supreme Court […]

Risks associated with the investment and management of third-party funds

by Johannes Fiala, Lawyer (Munich), M.B.A. (Univ.Wales), M.M. (Univ.), Certified Financial and Investment Advisor (A.F.A.), EC Expert (C.I.F.E.), Banker (www.fiala.de) On the duties of a lawyer and tax adviser in the management of third-party assets – in particular in the investment of wards’ money – in escrow or trust accounts Due to faulty investment advice […]

Risk Time value account

Financial product distributors are increasingly promoting working time accounts and the models of partial retirement. The financial intermediaries are mostly concerned with commissions: Few brokers are aware of the civil and criminal liability risks. A time value account is not an implementation method of the company pension scheme. Rather, it is a matter of a […]