Legal advice for your private pension provision

Private pension provision and its pitfalls Anyone who wants to take out insurance for old age cannot afford to ignore a private pension plan today. The standard of living with the statutory pension in the future is doubtful. A well thought-out concept for a private pension scheme is therefore equally important for self-employed and employees. […]

Employers are often liable to employees for company pension schemes

– What information, education and advisory duties are imposed on employers? – The Regional Labour Court (Landesarbeitsgericht – LAG Hamm, judgement of 06.12.2017, file no. 4 Sa 852/17) decided that the employer (AG) is liable for damages if the advice on deferred compensation in company pension schemes (bAV) was incorrect. This was the case even […]

Why private basic pensions often lead to losses for policyholders

A marketing expert remarked: “The best marketing agency is in Berlin – that is, the government”. First came the Riester pension with subsidised allowances, then the increasingly tax-deductible basic pension – also known as the Rürup pension. One financial services provider said: “The shift from state to private retirement provision is a growth market for […]

When real estate becomes junk real estate

How do banks and insurance companies finance usuriously overpriced real estate? Scrap real estate is a topic for up to more than two million affected investors. The Investors’ Council says: “Only invest in investments that you understand yourself”. This applies to the timing of investments and the ongoing monitoring of capital investments. More often, experts […]

The additional remuneration agreement may be revoked

What compensation does the customer owe in the event of premature cancellation of his insurance premiums? The German Federal Supreme Court (BGH, ruling of 12 December 2013, file no. III ZR 124/13) decided that not only a broker but also an insurance agent can be promised a remuneration by his customer for brokering a life […]

Commission-free net policies: The additional remuneration agreement can be revoked

The German Federal Supreme Court (BGH, ruling of 12 December 2013, file no. III ZR 124/13) decided that not only a broker but also an insurance agent can be promised a remuneration by his customer for brokering a life insurance policy with a net policy. Capital investors and medium-sized companies are increasingly taking advantage of […]

Additional remuneration agreement can be revoked

The German Federal Supreme Court (BGH, ruling of 12 December 2013, file no. III ZR 124/13) decided that not only a broker but also an insurance agent can be promised a remuneration by his customer for brokering a life insurance policy with a net policy. Capital investors and medium-sized companies are increasingly taking advantage of […]

Net policies: additional remuneration agreement may be revoked

If a net policy is brokered, additional remuneration may be agreed. In the guest article, Dr. Johannes Fiala and Peter Schramm shed light on the conditions under which this must be paid even in the event of premature termination of the contract. The German Federal Supreme Court (BGH, ruling of 12 December 2013, file no. […]

ECJ: Tax advice to residents by foreign consultants

In its ruling of 17.12.2015 (Case C-342/14), the European Court of Justice (ECJ) ruled that foreign tax consulting companies are authorised to provide tax advice in Germany. According to the Advocate General’s opinion to the ECJ, this requires “the recognition of the company and the appointment of its management bodies as tax advisors” (StB) – […]

Errors in advice on the tax savings model for the Rürup pension

Why the mediation of the basic pension almost certainly leads to the liability of the intermediary.   The Rürup pension was sold millions of times as a tax-saving model. As a matter of course, savings by paying insurance premiums in the savings phase are then precalculated by the agent or broker. However, if documentation has […]