– How seizure of a bond provided by a third party can still result in taxes – The Federal Court of Justice (BGH, judgement of 22.07.2004, ref. IX ZR 132/03) recognises in constant jurisdiction that deposited penalty bonds and other security payments are attachable by creditors of the debtor. This applies both to the […]
Banking law: errors in advice, credit traps and more As a lawyer for banking law, I know that a bank has been part of our daily life since our earliest childhood. Just remember your first savings book, which you probably got at primary school from the nice savings bank advisor next door. We withdraw money, […]
The subscription right regulates who is entitled to the agreed benefit in the event of an insured event. Insured persons can determine their individual subscription rights in order to avoid disputes later on. Why can someone else become a beneficiary in case of doubt despite the subscription right? Can subscription rights be revoked? The […]
If providers of group insurance contracts, such as associations and companies, pursue their own monetary interest with their offer, they may require registration as insurance intermediaries. How group insurance policies can be designed and, if necessary, alternatives can be created, even if the intermediary license according to § 34 GeWo is missing. Insurance company […]
– Why professional associations must treat members the same as employees ? – “Mountaineers: two men whose purpose is to climb mountains”. (Expedition to Kilimanjaro, Monty Python’s Wonderful World of Gravity) The General Equal Treatment Act (AGG) has been in force since 2006, which has made employers in particular very cautious. For example, by […]
– When the employer alone is liable for the equal value of deferred compensation? – 2022 the value equality of the direct insurance (DV) ends In the future, it will be highly questionable whether the sum of the contributions paid in or converted will be “equal in value” at the end of the savings […]
– Unlawful denial of benefits based on lack of medical necessity – Some employees of benefits departments in private health insurance are engaged in strategic claims settlement for potentially up to more than nine million private health insurance policyholders. This means that one ignores if necessary also the supreme court iurisdiction and by own […]
– Why the capital market with compound interest effect does not allow us to expect higher pensions – For years, insiders have been reporting difficulties in the pension funds in generating the promised returns to finance pensions. While the management of a Versorgungskammer used to pat themselves on the back year after year because […]
– What are the scenarios of settlement in insurance due to low interest rates ? – Customers of life insurers are shaken: on 16.12.2014, the business press reported that a Swiss life insurer had now filed for insolvency, and had become a victim of low interest rates. The 13,000 policies were taken over by […]
– When the employer alone is liable for the equal value of deferred compensation? – 2022 the value equality of the direct insurance (DV) ends In future, it will be very questionable whether, at the end of the savings period – the deferral period, in the case of deferred compensation in the company pension […]