Drying up of life insurance – too few investment options for too much money

– Why life insurance has outlived its usefulness as a capital accumulation vehicle –   Wim Duisenberg, ex-president of the ECB, when asked how he invests his money: “Personally, I’m in the fortunate position of having no reserves.”   Statistically, up to more than 80 million German citizens own more than one life insurance policy. […]

Stress test by financial regulator leads life insurance company into insolvency

– What are the scenarios of settlement in insurance due to low interest rates ? –   Customers of life insurers are shaken: on 16.12.2014, the business press reported that a Swiss life insurer had now filed for insolvency, and had become a victim of low interest rates. The 13,000 policies were taken over by […]

Professional asset protection – asset protection for medium-sized companies in practice

– Legal management of insolvency risks in occupational and private pension schemes –   The private and occupational pensions of the self-employed are particularly at risk in the event of their own insolvency. This is also confirmed by a new ruling of the Federal Court of Justice[1] (BGH) according to which Rürup/basic pensions can be […]

Exemption from the compulsory corset of the BetrAVG

More favourable occupational pensions without the Occupational Pensions Act (BetrAVG) -How employers can free themselves from the constraining corset of the BetrAVG   Employers who want to set up company pensions look at the Company Pensions Act (Betriebsrentengesetz), or more precisely the Occupational Pensions Act (Betriebliches Altersversorgungsgesetz – BetrAVG). However, structuring a company pension in […]

The company pension scheme

If the company pension does not deliver what you were promised Every day we learn from politicians and the media that the statutory pension will at some point not be sufficient to maintain the accustomed standard of living in life after a professional career. Those of us who have taken out a company pension in […]

Insolvency law

Insolvency is rarely a disgrace Insolvencies of large and small companies are almost part of the daily news agenda. Terms likeinsolvency practitioner, reorganization, creditor or insolvency proceedings are familiar to everyone. However, we know from practice in our firm that very few people are aware of the exact meaning of a insolvency or insolvency proceeding. […]

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 […]

UK of the bAV can permanently reduce insolvency assets

Assets are protected from the insolvency administrator – in the event of death the situation is different: The Federal Court of Justice (BGH, ruling of 08.12.2016, ref. IX ZR 257/15) ruled that the general and insolvency-independent waiver of surrender of the (residual) assets of a provident fund (UK) for occupational pension provision (bAV) can be […]

Generation consultants, succession planners and financial planners together with initiators in conflict with the Legal Services Act

For decades there has been the training as Financial-Planner (financial planner), Estate-Planner (succession planner) and for some years now as Generation Consultant with IHK certificate. Surely only the trainers will make money from this for the time being. At second glance, it is a guide to the violation of the Legal Services Act (RDG) and […]

How notional payments lead to the tax burden

How are statute-barred loans and gifts treated in tax law and insolvency? In the guest article, Dr. Fiala and Peter Schramm explain how fictitious payments lead to the tax burden.   The Federal Fiscal Court decided in a ruling of 9 February 2015 (file no. I B 32/14) that the statute of limitations for claims […]