Intermediary law in practice – How much legal advice can financial service providers afford?

At this point, attorney-at-law Dr.
Johannes Fiala,https://www.fiala.de, your questions.
You can ask questions by sending an e-mail toott@dhbw-heidenheim.de.

First of all, there must be a connection with a principal service, which is not legal advice.
for example, a debt restructuring, the setting up of a pension scheme, financial or investment advice. From the temporal
The scope of this main service must be the “core and main focus” of the activity, i.e. on an economic level.
and not in the legal field. It is no longer necessary for the legal advice to be compulsory
is necessary to provide the main service.

Then it comes down to the content. Simple legal questions may be advised by anyone. Simple would be advice
for example, if it is a question of the period of notice for an existing loan in accordance with § 490 II 1 BGB
which is to be rescheduled. Further simple is also a consultation about recognized case groups
for a legitimate interest in debt rescheduling.

For example, according to established case law, this includes cases in which the borrower
wishes to use the loan collateral for other purposes, or if the borrower wishes to sell the loaned item.
It is only when complex legal considerations become necessary that it is mandatory to refer to legal counsel. Besides the lawyer, there are also other “admissible” advisors for partial areas, such as pension, tax or insurance advisors.

Link to article:http://www.dhbw-heidenheim.de/uploads/media/nl-1205.pdf

Our office in Munich

You will find our office at Fasolt-Strasse 7 in Munich, very close to Schloss Nymphenburg. Our team consists of highly motivated attorneys who are available for all the needs of our clients. In special cases, our law firm cooperates with selected experts to represent your interests in the best possible way.


About the author

Dr. Johannes Fiala Dr. Johannes Fiala

Dr. Johannes Fiala has been working for more than 25 years as a lawyer and attorney with his own law firm in Munich. He is intensively involved in real estate, financial law, tax and insurance law. The numerous stages of his professional career enable him to provide his clients with comprehensive advice and to act as a lawyer in the event of disputes.
»More about Dr. Johannes Fiala

On these pages, Dr. Fiala provides information on current legal and economic topics as well as on current political changes that are of social and/or corporate relevance.

Arrange your personal appointment with us.

Make an appointment / call back service

You are already receiving legal advice and would like a second opinion? In this case please contact Dr. Fiala directly via the following link.

Obtain a second legal opinion

The first telephone call about your request is free of charge.