Liability for real estate loans and equity financing with life insurance – banks, insurance companies and brokers are responsible for repayment

Life insurance policies for the repayment of construction loans The combination of several financial products (e.g. building loan and life insurance, real estate loan and building society contract) promises the investor additional income through possible interest rate differences or tax savings, and at the same time additional commission for the agent. However, it is not […]

Sales risk: Closed-end investments with trust structures

*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) “Most transportation taxes, including sales taxes, have no deeper purpose than to bring money to the state.” Federal Fiscal Court (BFH), in: BStBl 1973, p.96 From […]

Judgement discussion to BGH of 06.02.2006

The Federal High Court (BGH) made clear by its decision of 06.02.06 that the investor of a closed participation must recognize from the folder without further, to which extent its contribution flows into the plant object. We had already published the judgement in the investor protection report No. 18/06 of 15.05.06 (www.anlegerschutzauskunft.de/a_as_report_06/0605018.htm). Attorney Johannes Fiala, […]

Closed-end investments with trustee structures

*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) “Most transportation taxes, including sales taxes, have no deeper purpose than to bring money to the state.” Federal Fiscal Court (BFH), in: BStBl 1973, p.96 From […]

Credit institutions and insurance distributors are liable for leverage transactions*.

*by Dr. 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 in Civil Law (Univ. of Cooperative Education), Banker (www.fiala.de) Who does not know them, the so-called leverage models – an instrument to multiply the sales commission: The customer invests in an […]

Credit institutions and insurance distributors are liable for leverage transactions

*by Dr. 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 in Civil Law (Univ. of Cooperative Education), Banker (www.fiala.de) Who does not know them, the so-called leverage models – an instrument to multiply the sales commission: The customer invests in an […]

Sales risk: Closed-end investments with trust structures

“Most transportation taxes, including sales taxes, have no deeper purpose than to bring money to the state.” Federal Fiscal Court (BFH), in: BStBl 1973, p.96 From an initiator’s point of view, the involvement of a trustee offers considerable advantages, for example in the case of KG investments. The effort for the “register publicity” of the […]

Intermediary liability: examination and archiving of documents

*by 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) Commentary on the “expert check 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 ? for example on economic […]