Real estate and construction financing: We advise you on the ground!

– Credit institutions are liable for failure in real estate financing duration until retirement age –   Credit institutions often finance real estate in the foreseeable knowledge that the property will not be paid off by the time the borrower retires. If a failure of the financing and thus a forced sale of the property […]

Total loss for pension scheme of the managing partner in GmbH insolvency

– New BGH ruling: How the insolvency administrator achieves confiscation and immediate realisation   The most common form of company pension scheme (bAV) for the managing partners is the pension commitment. A new ruling by the Federal Court of Justice (BGH ruling of 18 July 2013, file no. IX ZR 219/11) opens up further possibilities […]

No yield tuning by selling the pension and life insurance in the secondary market?

– What insurance customers should be aware of before or after they terminate –   Countless brokers and advisors live from new business. So there is nothing more obvious than to persuade customers to cancel or sell their existing investments, especially life insurance policies. However, general statements about pension (RV) and life insurance (LV) policies […]

Why private basic pensions often lead to losses for policyholders

A marketing expert remarked: “The best marketing agency is in Berlin – that is, the government”. First came the Riester pension with subsidised allowances, then the increasingly tax-deductible basic pension – also known as the Rürup pension. One financial services provider said: “The shift from state to private retirement provision is a growth market for […]

Generation consultants, succession planners and financial planners together with initiators in conflict with the Legal Services Act

For decades there has been the training as Financial-Planner (financial planner), Estate-Planner (succession planner) and for some years now as Generation Consultant with IHK certificate. Surely only the trainers will make money from this for the time being. At second glance, it is a guide to the violation of the Legal Services Act (RDG) and […]

When time value accounts lead to criminal prosecution and employer liability

Time value accounts (ZWK) are used to shift social insurance and payroll tax contributions into the future. Such ZWK arrangements are not recognised for tax purposes in the case of members of the management boards of public limited companies and managing directors of private limited companies, as the Federal Minister of Finance clarified (letter dated […]

You should take this into account when revoking your life insurance contract

Pursuant to § 7 Para. 1 of the German Insurance Contract Act (VVG 2008), insurance companies must inform their customers in text form of the “contractual provisions, including the general terms and conditions of insurance, as well as the information specified in a statutory instrument pursuant to Para. 2” before concluding a contract.   This […]

Company reorganization through credit and account verification

Verification of the expense and interest statements of credit institutions   The account termination Entrepreneur Joachim Müller (name changed), gets into economic distress when his bank terminates the business relationship by giving notice and makes all loans (about EUR 500,000) due. Müller does not give up. He gets a tip from his financial services provider: […]

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 […]

Reduction of liability and plausibility checks for investment advisors in closed-end fund offerings – Part 2

The investment adviser must fulfil his main duties. He cannot rely on the assessment of third parties. One will be able to trust an experienced investment advisor that he is able to carry out a plausibility check based on the basic investment criteria and specific extensions to the investment category.   Plausibility is the estimation […]