No application for insolvency despite over-indebtedness

Financial Market Stabilisation Act eliminates capital requirement   Munich. In connection with the Financial Market Stabilisation Act (FMSTG), changes have been made to the Insolvency Code. Thus, the legislator has now restricted the obligation to file for insolvency for all companies in Germany without exception. To put it bluntly, even companies that have actually long […]

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 […]

Expropriation protection

Take care of your assets One crisis follows the other, fronts harden and for the ordinary citizen, events roll over at a speed that makes it almost impossible to assess the consequences involved and to prepare appropriate expropriation protection. Inflation, property tax reform, gas apportionment, rising interest rates and cold progression are just a selection […]

Pension commitment and insolvency

Insolvency application risk for pension commitments The so-called pension commitment or direct commitment is a common and extremely popular pension provision concept for managing directors, especially in medium-sized companies. Thousands of times thought of as a retirement provision for leading employees, this “tax savings model” was gladly recommended by tax consultants all over Germany and […]

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 […]

Federal Supreme Court facilitates reversal in the case of overpriced junk real estate

– How property buyers can escape over-indebtedness after a bad investment -.   Selling overpriced real estate for retirement has been a tradition for decades. For the vast majority of buyers, it was the first and last property in their lives. The idea of calling in an independent expert did not occur to the purchasers […]

The company pension scheme

If the company pension does not deliver what you were promised Every day we learn from politicians and the media that the statutory pension will at some point not be sufficient to maintain the accustomed standard of living in life after a professional career. Those of us who have taken out a company pension in […]

Retirement provision benefits companies and employees – savings pot for medium-sized companies

  More than ever before, every German citizen is responsible for his or her own retirement provision. The benefits of the statutory pension are by far not sufficient to even come close to maintaining the accustomed standard of living at retirement age. Even the Retirement Assets Act (AVmG) passed on 11 May 2001 is only […]

When real estate becomes junk real estate

How do banks and insurance companies finance usuriously overpriced real estate? Scrap real estate is a topic for up to more than two million affected investors. The Investors’ Council says: “Only invest in investments that you understand yourself”. This applies to the timing of investments and the ongoing monitoring of capital investments. More often, experts […]

How trust in the occupational pension scheme can be destroyed

Falsification and concealment of balance sheets are punishable under § 331 No. of the German Commercial Code (HGB). Famous examples of such manipulations would be the Olympus and Enron companies, or more recently P&R. The “Heubeck mortality tables RT 2018 G” (dated 20.07.2018) were allegedly erroneously prepared and later withdrawn – this was the responsibility […]