No global release from liability by rating / analyst agencies

Three people are affected by ratings or analyses – the person being assessed (e.g. an initiator) with the subject of the rating (e.g. the current account), the assessor (the rating agency) and the readers/users of the rating or analysis. A subset are rankings in which, as a rule, only one criterion is examined at a […]

“Experts” for statements influencing investments using the example of insurance ratings

A variety of insurance products that is difficult for consumers to understand encourages them to make a choice only after consulting a market observer. However, the involvement of experts in investment decisions raises the question of responsibility for their actions. What possibilities of recourse to liability have those seeking advice or otherwise turned to, what […]

Yield methods and rating liability II

Or rating liability when applying the capital commitment method? In our analysis of the internal rate of return (IRR) method, we found that the central IRR rate is determined using the discounting method. Here, one looks for the interest rate that makes the balance of the discounted return flows (usually the return flows are positive) […]

Yield methods and rating liability I

Returns are of central importance in the professional life of a banker. Other financial service providers, such as pension funds, financial and investment advisors and credit intermediaries are also affected. The circle of affected professions also includes the rating agency and many a tax consultant/auditor (StB/WP) who is active in connection with Basel II. Often […]

Tax fraud in practice/operating loss insurance

Insurers harm their customers – How self-employed, but especially freelancers, are led to tax evasion   In its ruling of 20 May 2009, the BFH (Case No. VIII R 6/07) confirmed its established case law according to which a practice breakdown insurance policy – also known as business breakdown insurance – for the event of […]

Insurance Rating

The insurance industry is facing a wave of uncertainty and upheaval. Accordingly, ratings are playing an increasingly important role in the German insurance market. Both the profitability and economic stability of insurance companies are under scrutiny, as are insurance products in combination or independently of them. The ratings are addressed to analysts and investors on […]

Liability of the broker for ratings used – Why brokers and clients should only “enjoy” top ratings in (occupational disability) product ratings with caution

*von Dr. Johannes Fiala, Rechtsanwalt (München), MBA Finanzdienstleistungen (Univ.), MM (Univ.), geprüfter Finanz- und Anlageberater (A.F.A.), Lehrbeauftragter für Bürgerliches und Versicherungsrecht (BA Heidenheim, Univ. of Cooperative Education), ( und Dipl.-Math. Peter A. Schramm, Sachverständiger für Versicherungsmathematik (Diethardt), Aktuar DAV, öffentlich bestellt und vereidigt von der IHK Frankfurt am Main für Versicherungsmathematik in der privaten Krankenversicherung […]

Rating agencies cannot exclude liability through clauses

Three persons are affected by ratings: the party to be rated (e.g. an initiator) with the rating subject (e.g. the performance record), the assessor (the rating agency) and the readers/users of the rating. The resulting question of the rating agency’s liability is clarified by Johannes Fiala, lawyer (Munich), M.B.A. (Univ. Wales), M.M. (Univ.), certified financial […]