Benefits to spouses and in the case of non-marital cohabitation are often recoverable

If donations are for the purpose of community protection, but are not gifts…. The Federal Court of Justice (BGH, ruling of 6 May 2014, file no. X ZR 135/11) decided that donations to non-marital partners with the purpose of securing the death of the donor are not gifts. If the cohabitation fails, such donations must […]

OLG Cologne: Double acquisition costs in life insurance not permissible

The Higher Regional Court of Cologne (OLG Köln, judgement of 02.09.2016, file no. 20 U 201/15) forbade a life insurer to charge Riester customers double acquisition costs – once costs with a maximum rate of 2.5 percent (previously 4.0 percent) of the premium volume spread over five years, and in addition further costs over the […]

“Experts” for statements influencing investments using the example of insurance ratings

A variety of insurance products that is difficult for consumers to understand encourages them to make a choice only after consulting a market observer. However, the involvement of experts in investment decisions raises the question of responsibility for their actions. What possibilities of recourse to liability have those seeking advice or otherwise turned to, what […]

Liechtenstein-Connections from the perspective of the investigators

The authors deal with the issue of criminal tax fraud and money laundering using foundation trustees and life insurance companies in Liechtenstein. From the practice of investigative investigation, they define whether, among other things, instigation or aiding and abetting by bankers or intermediaries is to be assumed. Red.   Of course, in recent years the […]

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 […]

Guarantees with British people usually only at expiration

  British with-profits policies provide for lower guarantees than the endowment policies offered by German life insurers. These guarantees also cover the scheduled expiry date and therefore usually do not apply in the event of premature termination or partial termination, wrongly so. British life insurers invest mainly in equities; in the past, with a share […]

Volkswagen or the Mafia – who is a criminal organisation?

VW is not a criminal organization, just like Microsoft, BP, the FIFA or auditors (WPs) of Russian companies. Surely VW only admitted the objective circumstances in a legally preventive way, or rather admitted something of which perhaps until today one did not even know for sure whether one had done it at all – but […]

Losses of up to more than 15 % on life insurance policies due to the stroke of the pen by the legislator

For more than 10 years, the yields of life insurance policies have been suffering from the low capital market interest rates. As a result, reductions of up to more than 30 % compared to the expectations raised until the turn of the millennium are the rule. However, customers with terminated or expired policies have been […]

Retirement benefits: Is it getting down to the wire?

Cancellation of valuation reserves Topic after the Bundestag elections / Losses of up to more than 15 percent   For more than ten years, life insurance returns have suffered from low capital market interest rates. As a result, reductions of up to more than 30 percent compared to the expectations that were still being raised […]

Every year again – The business with feelings

How to recognise dubious aid organisations Christmas is upon us once again: fundraising galas on all TV stations, appeals for donations in provincial newspapers and in the mailboxes of German citizens, who donate around four billion euros every year. Around a third of this amount is spent in November and December, an average of 115 […]