The “knowing breach of duty” coverage gap. It is estimated that every fifth (1) liability case ends with the finding that the tax consultant/auditor (StB/ WP) has no insurance cover at all or insufficient insurance cover in terms of the amount in the pecuniary loss liability insurance (VSH) for the relevant loss. German insurers […]
CONTENTS I. Liability in the event of delegation of tasks II. Particular gaps in cover for voluntary guardians III Further questions regarding adequate insurance cover arise for the professional guardian: Consequences of partnership, cooperation and office sharing No pecuniary loss insurance for lawyers and tax advisors in the case of commercial activity as guardian […]
Time value accounts and the models of partial retirement are paid by the Financial sales increasingly advertised. The financial intermediaries it’s mostly about commissions: The fewest intermediaries know about the civil and criminal law Liability risks for fiscal Consultants and the management the employer. In order to create an implementation channel for the company pension […]
Commentary on the expert check by attorney Fiala The expert check is a formal check. This means that the adviser and/or intermediary is also obliged in any case to check an investment concept at least for plausibility – e.g. for economic viability (cf. BGH judgment of 13.01.2000, III ZR 62/99). In addition, there is an […]
by Ralf W. Barth, pecuniary loss liability broker (www.rwbfinanz.de) and Johannes Fiala, lawyer (www.fiala.de) Practical gaps in the intermediary’s VSH protection: A short story starts with the statement of an insurer that only the advice of the employer in the occupational pension scheme is insured in the scope of coverage – but not the advice […]
Company pension scheme (bAV) through deferred compensation: 10 billion social security as liability potential for employers *by Dr. Johannes Fiala, Attorney at Law (Munich), MBA Financial Services (Univ.), MM (Univ.), Certified Financial and Investment Advisor (A.F.A.), Lecturer for Civil and Insurance Law (BA Heidenheim, Univ. of Cooperative Education), (www.fiala.de) and Dipl.-.Math. Peter A. Schramm, expert […]
Employers have double wage costs due to company pension scheme?! The case: Employee loses around 90% of his company pension Anna M. (name changed) had asked her employer to invest part of her salary in a company pension scheme on her behalf (deferred compensation). After 6,230 euros had been transferred to a “company pension […]
Private health insurance intermediaries must prepare themselves for the fact that a market shakeout is imminent. This adjustment ranges from the ageing and discontinuation of certain tariffs to the withdrawal of individual private health insurance companies from the market. It was not without reason that the PKV association denounced the economically expropriating effect of the […]
by RA, Bankkaufmann Rüdiger Wilhem Lohkamp and RA, Bankkaufmann Johannes Fiala – Kanzlei Fiala, Freiesleben & Weber – RA, PA, StB & WP (Munich), www.fiala.de Examination of the plausibility: Mediation obligation also with the customer at the Front: The Federal Court of Justice has clarified, among other things, in its judgement of 13.01.2000, NJW-RR 1993, […]
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 […]
