Garnishment protection for self-employed persons in old-age provision

Law focuses on the result not on the paid-in contributions “There are things that seem incredible to most people who have not studied mathematics.” (Archimedes, mathematician, engineer, technical advisor to the tyrants of Syracuse). The new law, which was discussed by the German Bundestag in its first reading on 11 May 2006 and which is […]

Scope of the new garnishment protection for self-employed persons in retirement provision

Dr. Johannes Fiala, lawyer (Munich), MBA Financial Services (Univ.), lecturer (BA-Heidenheim, Univ. of Cooperative Education) (www.fiala.de) and graduate mathematician Peter A. Schramm, actuary DAV (Diethardt), actuarial expert (www.pkv-gutachter.de) There are things that seem unbelievable to most people who have not studied mathematics. (Archimedes, mathematician, engineer, technical advisor to the tyrants of Syracuse) The new law, […]

New garnishment protection for self-employed persons in old-age provision

Economic consequences and possibilities of the new regulation The new law, which was discussed by the German Bundestag in its first reading on May 11, 2006, and which is intended in particular to secure private old-age provision for the self-employed, came into force on March 31, 2007. For self-employed entrepreneurs, the question arises as to […]

Occupational pension scheme (bAV) : Scope of the new attachment protection for self-employed pensioners ?

*by Dr. Johannes Fiala, Attorney at Law (Munich), MBA Financial Services (Univ.), MM (Univ.), Certified Financial and Investment Advisor (A.F.A.), Lecturer for Civil and Insurance Law (BA Heidenheim, Univ. of Cooperative Education), (www.fiala.de) and Dipl.-.Math. Peter A. Schramm, expert for actuarial mathematics (Diethardt), actuary DAV, publicly appointed and sworn by the IHK Frankfurt am Main […]

Federal High Court: Auditors liable for faulty prospectus opinions – Professional protection for intermediaries and investment advisors too rarely implemented

*by Dr. Johannes Fiala, Lawyer (Munich), Mediator (Univ.), MBA Financial Services (Univ.Wales), MM (Univ.), Certified Financial and Investment Advisor (A.F.A.), Lecturer in Civil Law and Insurance Law (Univ. of Cooperative Education), Banker (www.fiala.de) The Federal Supreme Court (BGH) made clear by its judgement of 14.06.2007 (Az. III ZR 300/05) and further decisions (Az. III ZR […]

bAV – Details on insolvency protection gaps in pension commitments

Distribution approach of the pension commitment “Your pension commitment is safe: either it is pledged to a GGF ‘bomb-proof’ or the PSVaG steps in”. But this idea is far removed from the reality of practical GmbH insolvency cases in medium-sized companies. Duties The insurance industry, as a classic product provider, tries to play down the […]

Company pension scheme (bAV) and working time account models (ZWK) – No asset protection in the event of insolvency of the company through trust/CTA models

*by Dr. Johannes Fiala, lawyer (Munich), mediator (Univ.), MBA Financial Services (Univ.Wales), MM (Univ.), certified financial and investment advisor (A.F.A.), EC expert (C.I.F.E.), lecturer for civil and insurance law (Univ. of Cooperative Education), banker (www.fiala.de) and Peter A. Schramm, actuary DAV (Diethardt), graduate mathematician (Univ.), expert for actuarial mathematics, publicly appointed and sworn by the […]

bAV: The fairy tale of GGF insolvency protection, in particular of pension commitments

DIE WELT of August 03, 2005, page 1 reports:   A recent study by the German Institute for Retirement Provision (DIA) reveals that the statutory pension is no longer sufficient. However, almost 60 percent of all households do not make sufficient provision for their old age. Nearly one third of the population is even threatened […]

bAV: Details on insolvency protection gaps in pension commitments

By Johannes Fiala, lawyer, and Andreas Michael Bosl, corporate consultant for occupational pension schemes Distribution approach of the pension commitment Your pension commitment is safe: Either it is pledged to a GGF ‘bomb-proof’ or the PSVaG steps in”. But this idea is far removed from the reality of practical GmbH insolvency cases in medium-sized companies. […]

Deposit insurance of British life insurers

*by Peter Schramm, actuary and Johannes Fiala, lawyer The magazine Finanztest (issue 09/2005, p.38 f.) reports that with British policies there is ‘no protection against bankruptcy’ because the money of German customers is ‘not protected in the event of insolvency’. Respected lawyers in the service of British insurers are also damaging sales by making the […]