Intermediary law practically – Which consequences result from the coming financial intermediary regulation for the VSH insurance of intermediaries?

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In § 9 paragraph 2 of the forthcoming FinVermV, reference is made to § 9 paragraphs 2 to 5 of the Insurance Mediation Ordinance. This currently means the following for the amount of insurance coverage:

“The minimum sum insured is 1,130,000 euros for each insured event and 1,700,000 euros for all insured events in a year”. According to the legislator’s estimate, the “bancassurance intermediary” will incur costs of between EUR 800 and EUR 1,200 for such cover.
The biggest problem is that this (similar to insurance brokers or tax advisors) does not protect the consumer against criminal behaviour or gross breach of professional duties (so-called knowing breaches of duty), because in  such constellations the compulsory insurance does not provide any insurance cover. The FinVermV will, in addition to the associated law “for grey market regulation” (law for the amendment of the financial investment intermediary and asset investment law), lead to a further  thinning out of the “free” intermediary community, thus to a further market concentration.

If you want to be better insured as a financial intermediary, i.e. you want to avoid some gaps in coverage, you will
have to seek supplementary insurance cover. In addition, it is to be expected that clients – in the knowledge of the VSH cover – will increasingly try to sue the financial intermediary in the event of incorrect advice.

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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.
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