Reduction of liability and plausibility checks for investment advisors in closed-end fund offerings – Part 2

The investment adviser must fulfil his main duties. He cannot rely on the assessment of third parties. One will be able to trust an experienced investment advisor that he is able to carry out a plausibility check based on the basic investment criteria and specific extensions to the investment category.   Plausibility is the estimation […]

Reduction of liability and plausibility check for investment advisors for closed-end fund offers – Part I

The liability risks of insurance brokers, investment brokers and consultants, but also of distributors and financial planners, differ depending on the customer (advice suitable for investors), capital investment (advice suitable for the property) or the risk involved (advice following property inspection and risk analysis). Obligation to disclose commissions – or reverse the transaction: This first […]

Asset Protection: How millionaires are misled by financial planners and consultants

– Why some asset protection leads to poverty or prison –   It is common practice for credit institutions of all kinds and independent advisors to sell “private financial planning” to their clients. This may well cost a few thousand euros in fees – only for the time being, because the damage done in the […]

Lawsuits in financial cases – private expert opinions make sense because errors often go undetected

Optimal revocation for credit, capital investment and insurance   When legal representation without an expert opinion is giving away pure money No one would accuse financial institutions, i.e. banks and insurers, of unlawful or dishonest behaviour if affected customers do not receive what they are actually entitled to after a revocation of credit and investment […]

In focus: Liability traps for lawyers and tax advisors in connection with advice on occupational pension schemes

Insolvency risks – Authority to provide legal services – Insurance cover Occupational pensions are an important component of retirement provision. They obtain their complex position in the German legal system through the interdisciplinary interaction of the most diverse fields of law, which can easily become a liability trap for legal and tax advisors; the numerous […]

As a rule, Riester contracts can be seized – contrary to the usual belief of financial institutions.

– Why Riester savers save for creditors, insolvency administration and social security funds in case of doubt –   “We saw a light at the end of the tunnel. It was the oncoming intercity.”   Financial houses, i.e. banks and insurance companies, and their lobbying associations claim in their advertising and in the training documents […]

Financial distribution without a licence and without supervision?

In 2007 at the latest, we began to regulate the free brokerage of financial products to a greater extent. Good reputation, liability insurance, proven expertise, the obligation to provide extensive information and documentation are standard. Some “old hands” have saved themselves into the new era without a certificate of competence. Since this year, financial investment […]

Financial distribution without a licence and without supervision?

In 2007 at the latest, we began to regulate the free brokerage of financial products to a greater extent. Good reputation, liability insurance, proven expertise, the obligation to provide extensive information and documentation are standard. Some “old hands” have saved themselves into the new era without a certificate of competence. Since this year, financial investment […]

How much protection does the new compulsory pecuniary loss liability insurance offer for financial investment intermediaries licensed in future under § 34 f GewO?

  From the series of newsletters of the DHBW (Baden-Wuerttemberg Cooperative State University) Heidenheim on the topic “Mediation Law in Practice”: At this point, lawyer Dr. Johannes Fiala, https://www.fiala.de, lecturer for insurance law at the DHBW Heidenheim, will answer your questions. Questions can be asked by emailing ott@dhbw-heidenheim.de.   This field initially contains three areas, […]

What are the consequences of the upcoming Financial Intermediaries Regulation for the VSH insurance of intermediaries?

From the series of newsletters of the DHBW (Baden-Wuerttemberg Cooperative State University) Heidenheim on the topic “Mediation Law in Practice”: At this point, lawyer Dr. Johannes Fiala, https://www.fiala.de, lecturer for insurance law at the DHBW Heidenheim, will answer your questions. Questions can be asked by emailing ott@dhbw-heidenheim.de. In § 9 paragraph 2 of the forthcoming […]