Does the insurance broker owe his clients ongoing service?

Here’s what the law says: “Any person who, on a professional basis, undertakes the brokerage of insurance contracts on behalf of other persons without being permanently entrusted with this task by them on the basis of a contractual relationship shall have the rights and duties of a commercial broker” (Section 93 (1) HGB). According to […]

The new Legal Services Act has been in force since 1 July. What do intermediaries have to pay particular attention to?

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 e-mail to ott@dhbw-heidenheim.de.   Legal and tax advice […]

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 […]

Disservice to investors?

Expert Johannes Fiala on the consequences of the ECJ rulings on “junk real estate”. After the current “junk real estate judgments” of the European Court of Justice (see box), the banks are calm, while investor lawyers speak euphorically of a “breakthrough”. The reality, however, is more modest. The know-how problem should be mentioned: While the […]

EU Insurance Mediation Directive: Will insurance intermediaries and financial service providers lose their licences?

*by Dr. Johannes Fiala, lawyer (Munich), mediator (Univ.), MBA Financial Services (Univ.Wales), MM (Univ.), certified financial and investment advisor (A.F.A.), lecturer in civil law and insurance law (Univ. of Cooperative Education), banker (www.fiala.de) and Ralf W. Barth, managing director of Ralf W. Barth GmbH and pecuniary loss liability broker (www.rwb-finanz.de), as well as board member […]

Book tip: Manager liability – corporation as an alternative for financial service providers?

*by lawyer Dr. Johannes Fiala, MBA Financial Services (Univ. Wales), MM (Univ.), banker (IHK), certified financial and investment advisor (A.F.A.), lecturer for civil law and insurance law (Univ. of Cooperative Education) Manager liability – corporation as an alternative for financial service providers? For the financial services sector, the signs are pointing to a storm. Experts […]

New task for financial service providers: the charitable trust foundation

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) Effective solutions for medium-sized entrepreneurs – especially in the event of liquidity bottlenecks and in the law of succession Almost completely unnoticed by the entire public, […]

bAV: Warning against unlawful banking and financial services transactions *

“The hardest part of having an idea is not having it, but knowing if it’s good.” (Chris Howland)   Payment transactions for time value accounts or for “contractual portability” Innovative initiators in the field of company pension schemes (bAV) and the handling of time value accounts have brought models onto the market in which they […]