Asset Management

Those who want to know that their private assets, those of a foundation or even of an institution are in good hands and who themselves have little understanding of capital preservationand protection, can assign this task to a so-called asset manager. Asset management, a professional title that is largely unprotectedorunregulated in Germany, defines a service […]

Insolvency Corona crisis: What you need to know now

The Corona crisis and its immediate effects on the economy While at the end of 2019 the topic of coronavirus or Covid-19 was still perceived in Germany as a purely Chinese “problem”, events in this country overtook each other at the latest with the first appearance of the virus in larger companies such as Webasto […]

BGB-Leibrenten as the better alternative to private pension insurance

In some city archives historians find records of an annuity purchase – like these. What is behind it and what does it mean for us?   Since then In the 13th century, the purchase of annuities was the predominant credit business of the Middle Ages. The future pensioner bought the right to receive a life […]

Retirement provision benefits companies and employees – savings pot for medium-sized companies

  More than ever before, every German citizen is responsible for his or her own retirement provision. The benefits of the statutory pension are by far not sufficient to even come close to maintaining the accustomed standard of living at retirement age. Even the Retirement Assets Act (AVmG) passed on 11 May 2001 is only […]

How trust in the occupational pension scheme can be destroyed

Falsification and concealment of balance sheets are punishable under § 331 No. of the German Commercial Code (HGB). Famous examples of such manipulations would be the Olympus and Enron companies, or more recently P&R. The “Heubeck mortality tables RT 2018 G” (dated 20.07.2018) were allegedly erroneously prepared and later withdrawn – this was the responsibility […]

Reduction of the valuation reserves or profit participation

The Regional Court of Stuttgart (Stuttgart Regional Court, ruling of 20 December 2017, file no. 16 O 157/17) ordered an insurer (VR) to pay the policyholder (VN) of a life insurance policy (KLV) the “valuation reserves (profit participation) that were eliminated as of the reporting date 1 November 2014”.   The contract for the KLV […]

No protection against malicious actions

– How FIFA, Microsoft, WPs, BP and the Mafia are sued under the same law – VW is – hopefully – not a criminal organization, just like Microsoft, BP, the FIFA or auditors (WPs) of Russian companies. Surely VW only admitted the objective circumstances in a legally preventive way, or rather admitted something of which […]

How half-baked company pension commitments can be interpreted by the courts

The Federal Labor Court (BAG, ruling dated February 21, 2017, file no. 3 AZR 297/15) dismissed an employee’s action seeking to establish that his current wife is entitled to a widow’s pension from his company pension commitment. The employee had remarried at the end of the employment relationship. The future widow goes away empty-handed – […]

Schwarzbuch VW: Duty of risk management

How FIFA, Microsoft, WPs, BP and the Mafia are sued under the same law and pilloried through American glasses, Dr. Johannes Fiala and Dipl.-Math. Peter A. Schramm explain in a multi-part article.   The first part was about the “Racketeer Influenced and Corrupt Organizations Act”, a US federal law that makes this kind of jurisdiction […]

Employers are still liable for their commitments to employees

When pension funds cut their own benefits For years, there have been more and more reports about the reduction of benefits in pension funds, life insurance companies and pension funds. Responsible actuaries, actuaries, are increasingly worried there. And rightly so, because employers could take recourse against these experts in matters of occupational pension calculation. After […]