Risk management of company insurances for Mittelstands-AG and Mittelstands-GmbH

– Why insurance contracts should be held by shareholders –   For family entrepreneurs, the risk of insolvency has an annual probability of around 1%. Then an insolvency administrator takes over the management of the business, whereby a conflict is pre-programmed if the interests of the former managing director are different from those of the […]

Schwarzbuch VW: Duty of risk management

How FIFA, Microsoft, WPs, BP and the Mafia are sued under the same law and pilloried through American glasses, Dr. Johannes Fiala and Dipl.-Math. Peter A. Schramm explain in a multi-part article.   The first part was about the “Racketeer Influenced and Corrupt Organizations Act”, a US federal law that makes this kind of jurisdiction […]

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 […]

Complex asset management

Long-term planning but in line with demand If you earn money, you have to learn how to handle it. On the one hand, it is important to be able to cover the needs of daily life and, on the other, to ensure long-term financial stability. Satisfying the basic needs of a human being is only […]

All-risk insurance of residential buildings and contents – a marketing gimmick?

– Why everything is never insured against every conceivable risk –   When an insurer describes its product as “all-risk insurance”, this sometimes resembles the advertising promise of “guarantee certificates”: A close examination of the policy terms and conditions may reveal it to be “marketing cheese with massive holes” in the insurance coverage   Coverage […]

How strong claims management becomes a dangerous “service”?

The Federal Court of Justice (BGH, ruling of 07.07.2020, ref. VI ZR 308/19) decided that an employed claims adjuster is (co-)liable in tort if he uses his alleged expertise for an injured party by exerting influence on the performance of third parties; § 823 I BGB.   In the case in question, the injured party […]

Quality Management

Why we operate a quality management system? The “DIN EN ISO 9001:2008” is a worldwide recognized standard for quality improvement and quality assurance. Large and medium-sized companies are increasingly demanding ISO certification from consultants, suppliers, but also experts and appraisers. This is particularly motivated by the fact that customer satisfaction and quality assurance should be […]

Finance and risk control

More wealth in a planned and controlled manner The own assets in a planned and future-oriented management as well as value-enhancing and risk-optimized investment requires the highest degree of Knowledge and time. Not everyone who has achieved a certain level of wealth is also a financial or controlling expert , so it is advisable to […]

Asset Management

Those who want to know that their private assets, those of a foundation or even of an institution are in good hands and who themselves have little understanding of capital preservationand protection, can assign this task to a so-called asset manager. Asset management, a professional title that is largely unprotectedorunregulated in Germany, defines a service […]