From prospectus liability to distribution liability – aspects of economic risks in distribution, in particular for closed-end investments, leveraged annuities, life insurances in connection with loans, off-market shares, pp. Loans, off-market and pre-market shares, pp.

A. Intermediary liability goes further than prospectus liability: Indispensable for a financial advisor is the certainty that – a complete initiator performance record is available, and – a complete prospectus audited without objections. Already here the financial advisor is often dependent on experts, because numerous auditor prospectus audit reports are for their part incomplete or […]

The real estate GmbH as a supposedly clever tax saving idea

– Why smart private investors should give it a wide berth? – But woe, woe, woe! When I look at the end!!! (Wilhelm Busch, 1865)   Asset-managing LLCs are among the top topics of numerous podcasts penned by experts and professors. This construction is advertised, for example, with the fact that only 15% corporate income […]

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 […]

Investment in North America

Why Canada is attractive for investors The economic and political situation in Europe, as well as the issues of climate change and peace, are prompting more and more people to diversify their assets. Whereas in the past people had invested their assets classically in real estate and shares in Germany, there is a clear trend […]

Drying up of life insurance – too few investment options for too much money

– Why life insurance has outlived its usefulness as a capital accumulation vehicle –   Wim Duisenberg, ex-president of the ECB, when asked how he invests his money: “Personally, I’m in the fortunate position of having no reserves.”   Statistically, up to more than 80 million German citizens own more than one life insurance policy. […]

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 […]

Choice of law and advantages of European life, pensions and health insurance

– Opportunities and risks for policyholders and their insurance brokers –   Foreign insurance companies, especially those from the European Economic Area (EEA) and the European Union (EU), are increasingly competing with domestic suppliers. For insurance intermediaries and insurance customers, this creates risks, but also opportunities.   Regular notification procedure EEA and EU insurers must […]

Working time credits predominantly unprotected

– Why employer time value accounts regularly do not offer insolvency protection –   The “Flexi II Act” came into force on 01.09.2009. This was intended to provide employees with better protection against loss in the event of the employer’s insolvency. Today, this proves to be incorrect in at least 98% of the companies.   […]

Life insurance companies and foundations from Liechtenstein, Bermuda, Switzerland and Papua New Guinea

– When structures for asset protection and succession planning are ineffective – Banks and insurance companies, as well as financial advisors from Germany and abroad, are praising foreign camouflage constructions via prospectuses and appraisals. This should make it practically possible for assets of 100,000 euros or more to constitute a secure succession arrangement by circumventing […]

Professional asset protection – asset protection for medium-sized companies in practice

– Legal management of insolvency risks in occupational and private pension schemes –   The private and occupational pensions of the self-employed are particularly at risk in the event of their own insolvency. This is also confirmed by a new ruling of the Federal Court of Justice[1] (BGH) according to which Rürup/basic pensions can be […]