by Johannes Fiala, lawyer The BGH has made clear by its judgement of 07.10.2003 (Gz. III ZR 381/02) that mediators of investments are liable for damages if they make false statements. This is nothing new in and of itself. However the BGH makes clear that it is forbidden to the mediator to pass on simply […]
Investment capital investment – comparing apples with oranges
by Johannes Fiala, lawyer Money does not belong in the piggy bank: After all, capital should not sleep, but work and increase. But which form of investment is suitable for whom? With the multitude of investment options, the willing investor is quickly overwhelmed, because he lacks the basics to compare and evaluate the offers. In […]
HVB Management Board members face criminal charges
by Johannes Fiala, lawyer The Munich banker and attorney Johannes Fiala evaluates the proceeding of the former Bayerische Hypotheken- und Wechselbank AG as highly risky: The European Court of Justice had decided on 13.12.2001 in a procedure against the HVB (legal successor of the Bayerische Hypotheken- und Wechselbank AG) that also without instruction over the […]
The VAT trap of the intermediary
Not a carefree package from the legislature: Several heads of financial services associations have taken the lawmakers’ delays by the change of government in their stride. Proudly it is announced that by a new BMF letter of 25.11.2005 the situation was defused up to beyond 01.01.2006. Associations tell a lot when the day is long. […]
Financial loss liability insurance for intermediaries when operating beyond the borders of Germany
by Ralf W. Barth, pecuniary loss liability broker (www.rwb-finanz.de) and Johannes Fiala, lawyer (Munich), M.B.A. (Univ.Wales), M.M. (Univ.), certified financial and investment advisor (A.F.A.), EC expert (C.I.F.E.), banker (www.fiala.de ) The prime case: As is well known, the retirement provisions of entrepreneurs in Germany can hardly be protected from the access of third parties in […]