Training liability in insurance, capital investment and bank sales

Why training and sales managers are personally liable in private health insurance sales. An analysis by attorney Dr. Johannes Fiala and mathematician Peter A. Schramm.   Landauf Landab insurance brokers, independent financial service providers and bank advisors complain that at sales events held by trainers, they actually only experience positive product features through colourful pictures, […]

Supermarkets are pushing into insurance sales

Policy sale next to the deposit machine? Why not! Lawyer Johannes Fiala and actuary Peter A. Schramm explain how discounters and full-range retailers could circumvent the strict rules for insurance brokerage.   Insurance intermediaries have to face growing competition from online comparison portals and brokers as well as direct insurers. Tech giants like Google and […]

Sales success or wasted legal additional income with the insurance broker?

– When insurance brokers can receive fees in addition to brokerage –   “Tine flies like an arrow. Fruits flies like a banana.” (Groucho Marx) For decades, insurance brokers have competed with business and tax advisors, legal counsel, and insurance consultants. In this context, comprehensive insurance advice as pure legal advice is (also) part of […]

Intermediary and sales coaching for closed investments: BaFin prospectus up-to-dateness and prospectus liability of insurance companies

*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 […]

Initiator support and controlling: When BaFin prohibits PKV sales and orders liquidation

*by Johannes Fiala, lawyer (Munich), MBA Financial Services (Univ.Wales), MM (Univ.), certified financial and investment advisor (A.F.A.), banker (www.fiala.de) and Dipl.-Math. Peter A. Schramm, actuary DAV (Diethardt), actuarial expert (www.pkv-gutachter.de) For initiators and distributors it is of crucial importance that all necessary permits are available ? including audited prospectuses. However, there are always initiators who […]

Lawyer for investment law in Munich

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 […]

Neither liability umbrellas nor structured distributors protect intermediaries from personal liability

– When sellers, intermediaries and advisors are themselves in the fire in the case of insolvent investments –   A well-known structural distributor was ordered to pay damages by judgment of 31.07.2014 (LG Frankfurt/Main, Case No. 2-32 O 154/13) because an investment advisor insufficiently informed about risks of a real estate fund. Structural distributors and […]

Asset management: creative financial distribution without a licence and without financial supervision

– Products and concepts for formerly licensed intermediaries, brokers, tipsters and advisors –   Investors lose up to more than €40 billion every year because they did not really understand the financial products sold to them – or were the victim of fraud. It is typical that even formerly unsuspicious competence bearers or their financial […]

Retirement planning with annuity purchase instead of life insurance or sovereign wealth funds with cash cover

– How the state can ensure the efficiency of retirement planning for the middle class –   After 31 years of work, average earners will only receive a basic pension (social welfare level, with up to less than 758 euros per month) – low earners would have to work 63 years in social security for […]

Federal Social Court restricts offer of optional tariffs by health insurance companies

– Why optional tariffs and more are nevertheless being extended by health insurance companies – The BSG judgement of 30 July 2019 (file number B 1 KR 34/18 R) has shown that the problem of the optional tariffs offered by the health insurance funds, for example for abroad, optional services in hospitals or supplementary dental […]