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 […]

Experts

If you confront a judge with the popular saying “In court and on the high seas only the good Lord knows what happens to you”, the answer will promptly come: “No, no, … before the experts and on the high seas …”. Court-appointed and publicly appointed experts, but also private experts have an important function […]

The company pension scheme

If the company pension does not deliver what you were promised Every day we learn from politicians and the media that the statutory pension will at some point not be sufficient to maintain the accustomed standard of living in life after a professional career. Those of us who have taken out a company pension in […]

Contact

Rechtsanwaltskanzlei Dr. Johannes Fiala Fasolt-Straße 780639 MunichGermany Telefon: 089 – 17 90 90 – 0Telefax: 089 – 17 90 90 – 70Skype: Dr. Johannes Fiala PhDE-Mail: info@fiala.de     Opening Hours: Monday – Thursday: 09:00 – 15:00Friday: 09.00 – 13.00 Uhr (Outside of office hours as well as on weekends and public holidays, callbacks are made promptly!) […]

Successfully contradict wrong tax report of the insurer

Incorrect tax data at the life insurer leads to massively excessive tax The Münster Tax Court (FG, judgement of 30.01.2018, file no. 5 K 3324/16 E) recently decided that an occupational disability pension ending before the start of the retirement pension is not taxable in accordance with a basic pension for the most part, but […]

IDD implementation: New business models for Insurtec’s and insurance consultants

The implementation of the Directive EU 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution, i.e. the Insurance Distribution Directive (IDD) by Section 43c of the German Insurance Supervision Act (VAG), leads to financial risks for insurers (VR) and insurance brokers (VM). The insurer may be allowed to […]

Invalid transactions with insurance buyers

– How the Federal Court of Justice legally and legitimately saves the insurers the additional payment(s) – Financial service providers, consultants and intermediaries, are looking for customers so that they receive more money from their contractual partner – a life insurance company (VR). However, these insurance buyers have great difficulties in developing legally secure business […]

BDSG trap? Mediation with electronic signature

Concluding contracts with insurance companies and credit institutions, for example by means of touch input on a tablet computer or other systems for electronic signatures, has been on the rise for years. In the foreground is the effort to save the printing of documents – including online consulting as a distance business. However, a data […]

Why the touch input of the customer is often not a data protection trap

Recently, a data protection officer claimed that the signature on a tablet computer would not comply with § 4a I 3 of the Federal Data Protection Act (BDSG) >/g>. However, such a signature – for example with an electronic pen – focuses on the emotional experience of the customer and not on the fulfilment of […]

Federal Court of Justice: No insurer is obliged to reject a policy following an invalid notice of termination

– Where are the dangers for insurance brokers in covering with cancellation ? –   The Federal Court of Justice (BGH, decision of 05.06.2013, ref. IX ZR 277/12) ruled that, according to settled case law, no insurer is obliged to reject an invalid termination of the insurance contract. The appeal was then withdrawn. Even BaFin […]