Euro rescue leads to planned debts

“Under communism, banks are nationalized and then go bust, under capitalism, banks go bust and then are nationalized.”(Christine Lagarde) First German subprime crisis due to junk real estate and interest rate bets Since the end of the 1980s, not only the legal predecessor group of Hypo Real Estate Holding AG (HRE) has been piling up […]

Insurance and financial brokers are liable for debts and disadvantages

Life insurance and fixed credit A judgment of the Regional Court of Izehoe dated 29. 1. 2009 (Case No. 7 O 27/09) demonstrates a typical course of events in financing and insurance brokerage. The plaintiff had financed the construction of his house. His insurance and finance broker had arranged a so-called bullet loan, which was […]

Liability traps with the time value account

Time value accounts and the models of partial retirement are paid by the Financial sales increasingly advertised. The financial intermediaries it’s mostly about commissions: The fewest intermediaries know about the civil and criminal law Liability risks for fiscal Consultants and the management the employer. In order to create an implementation channel for the company pension […]

Liability for real estate loans

. . and equity financing with life insurance Life insurances for the redemption of construction financing – The combination of different financial products (construction loan, life insurance, real estate loan, building society savings contract etc.) promises the investor an additional income through possible interest rate differences or tax savings, and at the same time additional […]

Private and company pension schemes: Federal Fiscal Court confirms attachability

A position as initiator, managing director or shareholder is not required *by Dr. Johannes Fiala, lawyer (Munich), mediator (Univ.), MBA Financial Services (Univ. Wales), MM (Univ.), certified financial and investment advisor (A.F.A.), lecturer for civil and insurance law (BA Heidenheim, Univ. of Cooperative Education), banker (www.fiala.de) and Dipl.- Math.Math. Peter A. Schramm, expert for actuarial […]

Disservice to investors?

Expert Johannes Fiala on the consequences of the ECJ rulings on “junk real estate”. After the current “junk real estate judgments” of the European Court of Justice (see box), the banks are calm, while investor lawyers speak euphorically of a “breakthrough”. The reality, however, is more modest. The know-how problem should be mentioned: While the […]

British liability traps

The past regularly catches up with many intermediaries: Leverage transactions with British life insurance policies are still frequently litigated in the courts. portfolio international spoke about this with lawyer Johannes Fiala. The issue of credit-funded UK life insurance has been a highly charged one over the past year. Are intermediaries off the hook three years […]

Liability issues in the tax saving and acquirer model

by Johannes Fiala, MBA/Lawyer Kristina Starck, Munich/Dr. rer pol Klaus Werht, private lecturer at the Department of Economics of the University of Hamburg, damage assessor in Hamburg-Neugraben I. Typical facts The investor is regularly approached by a contact person with the aim of clarifying whether there is a general interest in saving taxes or acquiring […]

bAV: Facts & Fiction: Does Zillmerung mean safe employer liability ?

*by Johannes Fiala, lawyer (Munich), MBA Financial Services (Univ.Wales), MM (Univ.), certified financial and investment advisor (A.F.A.), EC expert (C.I.F.E.), lecturer (Univ. of Cooperative Education), banker (www.fiala.de) and graduate mathematician Peter A. Schramm, actuary DAV (Diethardt), actuarial expert (www.pkv-gutachter.de). “The less people know how sausages and laws are made, the better they sleep.? (Otto Eduard […]

bAV: Liability traps with the time value account – Traps for the financial sales force

*by Johannes Fiala (Munich), attorney (www.fiala.de), and Peter A. Schramm (Diethardt), actuarial expert (www.pkv-gutachter.de) No company pension scheme This is not a way of implementing a company pension scheme. Rather, it is a matter of a “gross saving” by the employee, whereby an “incident” can occur at any time, which then triggers a payment as […]