Incomplete voluntary disclosure and the consequences – When tax advisors can be liable under civil and criminal law alongside the tax evader (2) The ongoing discussion about tax evasion and voluntary disclosures in the media and in politics, most recently fuelled by the trial of Uli Hoeneß, also draws attention to the work of […]
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. You can ask questions by sending an email to ott@dhbw-heidenheim.de. In the case […]
Insurance and finance brokers liable for residual debt, or interest disadvantage? Life Insurance and Fixed Loan: A judgment of the Regional Court of Izehoe dated 29.01.2009 (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 […]
*by Ralf W. Barth, pecuniary loss liability broker (www.rwb-finanz.de) and Johannes Fiala, attorney (www.fiala.de) Stupid German money: In the 1990s, the Americans were delighted with the money that German closed-end film funds collected. In the USA, these funds were then referred to as ‘stupid German money’ in view of the risks and flops. The case […]
Financial Services (Univ.Wales), MM (Univ.), Chartered Financial and Investment Adviser (A.F.A.), Lecturer in Civil Law and Insurance Law (Univ. of Cooperative Education), Banker (www.fiala.de) Consultation and documentation are expressly waived ! With sample protocol authors (for example software manufacturers, federations, “specialized authors to the insurance broker right” – also in the employment relationship with the […]
Liability of the Bank for the disclosure of incorrect information Two examples: A company is seeking cooperation with a corporate group: The buyer obtains information about the company, and also about all the shareholders personally. In the end, the company can’t even explain why it didn’t win the bid. An investor discovers that his bank […]
*by Johannes Fiala (Munich), Attorney at Law (www.fiala.de), and Peter A. Schramm (Diethardt), Actuarial Expert (www.pkv-gutachter.de). Why fee-based consulting in occupational pension schemes? In occupational pension schemes, including e.g. the working time account (ZWK), the employer is subject to numerous possibilities of liability. These include, for example, the “Zillmerungshaf-tung”, the “Ausfallhaftung” as well as the […]
Investment brokerage: Investment brokerage (also called acquisition brokerage, especially in the insurance sector) is the pure brokering of a third party’s investment (no products created by the client). What is owed is the provision of information and the execution of the mediation, but no advice. The investor has a limited expectation here, because he only […]
*by Johannes Fiala, lawyer (Munich), M.B.A. (Univ.Wales), M.M. (Univ.), certified financial and investment advisor (A.F.A.), banker (www.fiala.de) Collecting data doesn’t really bother anyone, but spreading inaccurate information can be harmful. Here are two examples: A company is seeking cooperation with a corporate group: The buyer obtains information about the company, and also about all the […]
*by Johannes Fiala, lawyer (Munich), MBA Financial Services (Univ.Wales), MM (Univ.), certified financial and investment advisor (A.F.A.), banker (www.fiala.de) The demarcation between business advisory and legal advisory activities is decisive for the question of what an initiator, a distributor and an intermediary may currently offer as a ?model or system? as their own or third […]
