– New BGH ruling: How the insolvency administrator achieves confiscation and immediate realisation The most common form of company pension scheme (bAV) for the managing partners is the pension commitment. A new ruling by the Federal Court of Justice (BGH ruling of 18 July 2013, file no. IX ZR 219/11) opens up further possibilities […]
– What are the liability risks for investors, advisors and intermediaries? German investors lose up to more than 40 billion euros annually on capital investments. Time and again, public prosecutors or insolvency administrators are interested in whether the calculation of returns or the practices in balance sheets and accounting have been all too creative […]
Published in SteuerConsultant 01/2014, page 57
– What are the liability risks for investors, advisors and intermediaries? German investors lose up to more than 40 billion euros annually on capital investments. Time and again, public prosecutors or insolvency administrators are interested in whether the calculation of returns or the practices in balance sheets and accounting have been all too creative […]
“The right has the curious property that you can keep it without having it.” (Joseph Unger) Particularly in the case of deferred compensation, it is advisable to choose a reinsured provident fund (U-fund) as the carrier in the company pension scheme (bAV). However, experts agree that this involves additional acquisition and administrative costs that are […]
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) In the beginning there is often a tax saving model: For the family business, which is usually run as a GmbH (limited liability company), the company pension scheme (bAV), for example as a pension commitment, […]
“If you have faith, it’s all over.” (Stanislav Lec, Polish poet) Asset protection is the separation of business and private risks or assets, including the integration of insurance protection. Risks to private assets stem primarily from the business sector (e.g. liability for break-through) or from financing, but also from separation/divorce or legal disputes. […]
When calculating the surrender value, life insurers regularly deduct a lapse deduction agreed in the terms and conditions of the insurance policy – although this is usually ultimately ineffective. The BGH has already ruled on this for life and annuity insurance policies, including unit-linked policies, which were concluded between 1995 and 2007. Even if the […]
For more than 10 years, the yields of life insurance policies have been suffering from the low capital market interest rates. As a result, reductions of up to more than 30 % compared to the expectations raised until the turn of the millennium are the rule. However, customers with terminated or expired policies have been […]
A previously unpublished judgement of the OLG Munich (file no. 20 U 4956/06), – because of decision on the non-acceptance appeal at the BGH (file no. 1/1 ZR 288/07 of 18.12.2008) legally binding -, proves the misadvice by insurance brokers in the financing even of million-dollar projects. DM 110 million construction financing with life […]
