Search results for: Special audit

Faulty software attestations, certificates and attestations: Theses on the liability of the management or managers, as well as software houses, auditors and other alleged experts

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A reply to Stritters Forum tips of 13.10.2007   Some business managers can be blinded by attestations, certificates and certifications when purchasing software: Not only the content with many ifs and buts, but especially the liability situation shows that these are regularly samples without value.   Manager liability Even from a medium-sized GmbH, the management […]

Specialized information

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This year we have been asked by new clients to provide expert assistance in the settlement of three major claims. These losses were calculated for the first time on the basis of the new regulations of the VVG, which came into force on 01.01.2008. The insurers have raised various objections in the settlement of these claims, which […]

Auditors are liable for faulty prospectus opinions

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Professional protection for intermediaries and investment advisors too rarely implemented The Federal Supreme Court (BGH) made clear by its judgement of 14.06.2007 (Az. III ZR 300/05) and further decisions (Az. III ZR 125/06 and III ZR 185/05) that initiators (including Hintermänner) and chartered accoutants are responsible to the investor. Conversely, the question for intermediaries and […]

Federal High Court: Auditors liable for faulty prospectus opinions – Professional protection for intermediaries and investment advisors too rarely implemented

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*by Dr. Johannes Fiala, Lawyer (Munich), Mediator (Univ.), MBA Financial Services (Univ.Wales), MM (Univ.), Certified Financial and Investment Advisor (A.F.A.), Lecturer in Civil Law and Insurance Law (Univ. of Cooperative Education), Banker (www.fiala.de) The Federal Supreme Court (BGH) made clear by its judgement of 14.06.2007 (Az. III ZR 300/05) and further decisions (Az. III ZR […]

Effective solutions for medium-sized entrepreneurs – especially in the event of liquidity bottlenecks and in the law of succession

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Almost completely unnoticed by the entire public, a fundamental reform of the inheritance and gift tax is imminent in 2007. This is like a time bomb for the entire middle class, because the details are only now becoming known step by step.   Experts and tax experts, for example from the Association of German Chambers […]

bAV: Starting from 02.01.2005 the tax auditor will ring 2x

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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 ) Faulty severance payment clause: In its two circulars dated 6 April 2005 and 1 September 2005, the Federal Minister of Finance (BMF) stipulated that the severance payment of pension commitments at the partial value is […]

Reporting obligations of the internationally active lawyer, auditor, tax consultant

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In addition to keeping manual files, professionals have to fulfil even more far-reaching recording obligations, for example under the Money Laundering Act. In addition, internationally active professionals are subject to additional special reporting obligations under the German Value Added Tax Act and the Foreign Trade and Payments Ordinance. The main features are presented below: I. […]

Reporting obligations of the internationally active lawyer, auditor, tax consultant

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RA Johannes Fiala (Munich), Sandra Seremek (Eggenfelden) In addition to keeping records, professionals have to fulfil even more far-reaching recording obligations, for example under the Money Laundering Act. In addition, internationally active professionals are subject to additional special reporting obligations under the German Value Added Tax Act (Umsatzsteuergesetz) and the Foreign Trade and Payments Ordinance […]

The Hand File of the Tax Advisor, Auditor and Lawyer (Part I)

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For tax consultants, auditors and lawyers alike, the reference file is a tool of everyday professional life.   1. the so-called biggest enemy of the professional is not seldom the own client, because just in the case of disagreements with the client can arise in connection with the hand file inconveniences for the professional, which […]