*by Johannes Fiala, Lawyer (Munich), MBA Financial Services (Univ.Wales), MM (Univ.), Certified Financial and Investment Advisor (A.F.A.), EC Expert (C.I.F.E.), Lecturer (Univ. of Cooperative Education), Banker (www.fiala.de) He who knows nothing must believe everything.” (Marie von Ebner-Eschenbach) For the financial service provider, the BGH stipulated in its ruling of 13.01.2000 (Ref. III ZR 62/99) that […]
The distribution right as a framework for determining sales In a world oriented towards sales and distribution, with internationally organized markets and global exchange of goods, the distribution law forms the legal framework for regulating the distribution of goods at the national and international level. The distribution law does not describe a “set of legal […]
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 […]
– Misrepresentation of risk and return by bankers, underwriters and training managers -. False promises and greed for commissions lead to personal liability The German Federal Supreme Court (BGH) has ruled on 19.02.2008 (Ref. XI ZR 170/07) that an investment advisor had intentionally caused immoral damage, § 826 BGB: The advisor had recommended […]
Commentary on the expert check by attorney Fiala The expert check is a formal check. This means that the adviser and/or intermediary is also obliged in any case to check an investment concept at least for plausibility – e.g. for economic viability (cf. BGH judgment of 13.01.2000, III ZR 62/99). In addition, there is an […]
*by Johannes Fiala, lawyer (Munich), MBA Financial Services (Univ.Wales), MM (Univ.), certified financial and investment advisor (A.F.A.), banker (www.fiala.de) Ad-hoc release of 02.01.2006 – Allgemeine HypothekenBank Rheinboden AG (AHBR): “AHBR expects negative net result for 2005, Frankfurt am Main, 2 January 2006 Allgemeine HypothekenBank Rheinboden AG (AHBR) expects a negative net result for the 2005 […]
*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) Commentary on the “expert check The expert check is a formal check. This means that the adviser and/or intermediary is also obliged in any case to check an investment concept at least for plausibility ? for example on economic […]
The ad-hoc release from 02.01.2006 – Allgemeine HypothekenBankRheinboden AG (AHBR): “AHBR expects negative annual result for 2005, Frankfurt am Main,2 January 2006Allgemeine HypothekenBank Rheinboden AG (AHBR) expects a negative after-tax result for the 2005 financial year. Thiswill be in the range of EUR 1.1 to 1.3 billion, according to the Bank’s preliminary estimates. The background […]
– When substitution of investments and insurance leads straight to liability – By judgment of 24.07.2015, the OLG Cologne (Case No. 20 U 44/15) ruled that termination and sale of life insurance policies is typically associated with significant disadvantages. Since every insurance broker knows this, he has to point out the disadvantages. If the […]
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, […]
