– 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 […]
The distribution right as a framework for determining sales In a world oriented towards sales and distribution, with internationally organized markets and global exchange of goods, the distribution law forms the legal framework for regulating the distribution of goods at the national and international level. The distribution law does not describe a “set of legal […]
In its ruling of 3 August 2017 (Ref. V R 19/16), the Federal Court of Finance (BFH) decided that the establishment of a structured sales organisation is not exempt from VAT. In principle, this not only applies to structured sales organisations and other distribution companies and pools, but also to insurance intermediaries (agents), insurance brokers […]
How insurers have to pay in full in the event of a claim despite incorrectly answered risk questions Policyholders (UN) can lie to their future insurer (VR) with impunity on risk issues. All you have to do is find an insurer who is stupid enough not to conduct its business in accordance with the […]
– 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 […]
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 […]
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, […]
– 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 […]
The Federal Court of Finance (BFH, ruling of 07.12.2016, file no. II R 1/15) decided that when the policyholder (VN) provides insurance cover for any insured person (VP), the full, non-aggregated sales price counts as the assessment basis for the insurance tax (VSt): The prerequisite for this is that the insurer (VR) participates in the […]
In its ruling of 3 August 2017 (Ref. V R 19/16), the Federal Court of Finance (BFH) decided that the establishment of a structured sales organisation is not exempt from VAT. In principle, this not only applies to structured sales organisations and other distribution companies and pools, but also to insurance intermediaries (agents), insurance brokers […]
