Interview with lawyer Johannes Fiala on current trends in the financial services sector

(epn) Mr. Fiala, we would like to start by introducing you to our readers. You have started your professional career as a banker at Bankhaus H.Aufhäuser. Afterwards you studied economics with a focus on financial services (Master of Business Administration, University of Wales) and law (lawyer for over 10 years). They sit on the examination […]

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 […]

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 […]

The pecuniary loss liability of the insurance broker and other financial service providers

What benefits the policyholder can expect from the insurer Passive insurance The aim of the insurance cover is to keep the policyholder free from liability obligations (BGH NJW 1967, 2203). This will also include claims for injunctive relief and removal pursuant to Section 1004 of the German Civil Code, for example in the case of […]

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 […]

What is the legal difference between a protocol and documentation?

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, Your questions. Questions can be asked by emailing ott@dhbw-heidenheim.de. For insurance intermediaries there is a […]

Rürup pension: What financial advisors often forget to tell their clients

A Rürup pension cannot be inherited, given away, sold or lent. If you have debts, you risk creditors seizing the Rürup assets you have saved up before your pension starts. And if the state would have to pay Hartz IV or court cost assistance, it allows him to deny the Rürup assets and to refer […]

The tax consultant as a financial advisor – (k)a competition for financial service providers?

Time and again, tax advisors and lawyers try their hand at “investment advice” – occasionally not only for a fee but also for commission if the investment is successful. Conversely, insurance companies (e.g. when setting up a company pension scheme) and banks (e.g. for financial advice and succession planning) are increasingly offering the customer a […]

Insurance and financial brokers are liable for debts and disadvantages

Life insurance and fixed credit A judgment of the Regional Court of Izehoe dated 29. 1. 2009 (Case No. 7 O 27/09) demonstrates a typical course of events in financing and insurance brokerage. The plaintiff had financed the construction of his house. His insurance and finance broker had arranged a so-called bullet loan, which was […]