Capital investments as modified fastball systems – tax liability despite total loss

– What are the liability risks for investors, advisors and intermediaries?   German investors lose up to more than 40 billion euros annually on capital investments. Time and again, public prosecutors or insolvency administrators are interested in whether the calculation of returns or the practices in balance sheets and accounting have been all too creative […]

How much protection does the new compulsory pecuniary loss liability insurance offer for financial investment intermediaries licensed in future under § 34 f GewO?

  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. Questions can be asked by emailing ott@dhbw-heidenheim.de.   This field initially contains three areas, […]

How much protection does the new compulsory pecuniary loss liability insurance offer for financial investment intermediaries who will in future be licensed in accordance with § 34 f GewO?

From the series of newsletters of the DHBW (Baden-Wuerttemberg Cooperative State University) Heidenheim on the topic “Mediation Law in Practice”: At this point, attorney-at-law Dr. Johannes Fiala, https://www.fiala.de, lecturer for insurance law at the DHBW Heidenheim, your questions. Questions can be asked by emailing ott@dhbw-heidenheim.de.   This field initially contains three areas, namely (a) open-ended […]

Revocation of credit-financed investments

New ruling of the Federal Court of Justice facilitates the release from loan debts It is part of everyday life at credit institutions to enable customers to make larger investments by providing them with a large part of the money required for an investment in the form of a loan. As a rule, these are […]

SWAP transactions: advisory duties of a bank

How the Federal Court of Justice strengthens the rights of local authorities, small and medium-sized enterprises and private investors? Major German bank ordered to pay damages In its ruling of 22 March 2011, the X I Civil Senate of the Federal Court of Justice (BGH), which is responsible for banking law, for the first time […]

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 […]

Provision – funds as an investment trap also for the generation 80-plus

At times – fortunately not universally – it happens that investors in asset matters do not necessarily experience the disposition care for their assets that should obviously be readily apparent. So in the case described. Then it is important to have the script of a reversal consultation in mind. Red.   The inglorious case: When […]

Junk real estate: BGH facilitates the reversal of overpriced investments

Banks liable for structural sales victims of the building society trap   BGH ruling confirms liability of banks and building societies A new decision of the Federal Court of Justice (BGH ruling of 29.06.2010, Ref. XI ZR 104/08) obliges banks and building societies to provide unsolicited information to the borrower if a fraudulent deception of […]

Distribution of closed-end investments

The liability risks of the sales department in this area already differ according to the customer (investor-oriented advice), the capital investment (object-oriented advice) or the risk involved (advice after object examination and risk analysis). In addition, a plethora of potential pitfalls to be aware of.   The latest rulings of the Federal Court of Justice […]