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 […]
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 […]
Life insurance policies for the repayment of construction loans The combination of several financial products (e.g. building loan and life insurance, real estate loan and building society contract) promises the investor additional income through possible interest rate differences or tax savings, and at the same time additional commission for the agent. However, it is not […]
Among lawyers, the old adage still applies: “iudex non calculat”. But a few days ago, an article1 appeared in the business section of the FAZ, which, due to the headline, did not reveal the explosive nature of the author’s comments on the subject of yields. In everyday life we often use terms about whose meaning […]
*by 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 (Univ. of Cooperative Education), Banker (www.fiala.de) Never do anything by halves, or you’ll lose more than you can ever recover. (Louis Armstrong, American jazz musician, 1900 – 1971) The VSH broker Ralf […]
In its judgement of 17 August 2006, the Munich Regional Court II ordered the broker of a closed-end investment to pay damages on the grounds of incorrect advice in connection with the IRR method (internal rate of return). Lawyer Johannes Fiala, Munich, (www.fiala.de) has discussed the judgement – underpinned with scientific specialist information (selection) on […]
in accordance with § 264 a of the German Criminal Code (Strafgesetzbuch) Deception of investors by means of false yield information*. *by Johannes Fiala, M.B.A., lawyer (www. fiala.de), partner in the law firm Fiala, Freiesleben & Weber (lawyers and patent attorneys, tax consultants & auditors), business economist, bank clerk, certified financial and investment advisor (A.F.A.), […]
Banks and intermediaries liable to aggrieved FALK investors for failure to disclose IRR reinvestment implications The formerly respected group of companies of the initiator Helmut W. Falk is bankrupt. Other companies, so-called investor KGs, are also insolvent. Numerous investors were misrepresented the conditions with subscription and/or purchase of their participation in FALK funds. Report Mainz […]
RechtsprechungsReport In its judgement of 17 August 2006, the Munich Regional Court II ordered the broker of a closed-end investment to pay damages on the grounds of incorrect advice in connection with the IRR method (internal rate of return). Lawyer Johannes Fiala, Munich, (www.fiala.de) has discussed the judgement – underpinned with scientific specialist information (selection) […]
Controlling and distribution law: Increasingly large VSH gaps in the area of closed-end funds and participations*. (Louis Armstrong, American jazz musician, 1900 – 1971) The VSH broker Ralf W. Barth has long recognized (www.rwb-finanz.de) that with the increasing legal regulation of the intermediary market (EU-VRL, MiFID, VVG reform, etc.) a clear limiting trend in the […]
