Massive investor losses due to overly safe investments

– Why the Small Investor Protection Act does not protect against investment losses due to low interest rates –   Obligation to provide investor-friendly advice According to the BGH Bond ruling (Federal Court of Justice ruling of 14.06.2007, Ref. XI ZR 12/93), all investment advice must be appropriate to the investor and the property. Investor-oriented […]

Reversal of dangerous combined transactions: Revocation of credit-financed capital investments

– New ruling of the Federal Court of Justice facilitates the discharge of loan debts – It is part of everyday life at credit institutions to make even larger capital investments possible for the customer by making a large part of the necessary money for an investment available to him as a loan. As a […]

Lawyer for investment law in Munich

Investment law: Ask at the right time The investor protector Heinz Gerlach (*1945, +2010) once said that the typical investor at the regulars’ table only has three questions: First question: The investor waves various prospectus documents and asks “Is that something?”Second question: “And what’s the best?”Third question (usually after months or years): “What is the […]

Training liability in insurance, capital investment and bank sales

Why training and sales managers are personally liable in private health insurance sales. An analysis by attorney Dr. Johannes Fiala and mathematician Peter A. Schramm.   Landauf Landab insurance brokers, independent financial service providers and bank advisors complain that at sales events held by trainers, they actually only experience positive product features through colourful pictures, […]

Insurance broker is liable for bank creditworthiness for investments after premium collection

The case: The BFI Bank has never been so broke as it is today. Industry insiders suspected this long before the official bankruptcy petition was filed in court. Lastly, the bank offered credit interest on account balances at a rate far above the market rate, and linked this to a necessary purchase of BFI shares. […]

Investment fraud in the billions according to § 264 StGB

The Stuttgart public prosecutor’s office, white-collar crime division, evaluates the deception of investors by misleading yield information according to the internal rate of return method, also known as IRR yield, as an objective fact of investment fraud according to § 264 a StGB. The opinion was first published in February 2005. More and more investors […]

Optimal revocation for credit, capital investment and insurance

– When legal representation without an appraisal 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 or insurance contracts. Without an expert examination […]

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 […]

Investment brokering as an unlawful act with subsequent criminal proceedings

Why mediators of dubious investment models cannot hope for residual debt discharge   Complicity and aiding and abetting in the unauthorised conduct of banking business, section 32 KWG The Federal Court of Justice (BGH, judgement of 21.04.2005, ref. III ZR 280/03) decided that § 32 of the German Banking Act (KWG) also applies in favour […]

What effects does the current low-interest phase have on the liability situation of intermediaries and advisors?

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.   Neither in the case of […]