When maybe only 100,000 euros are secured and the rest becomes a restructuring profit for the bank…. The Financial Market Authority cannot prevent the insolvency of credit institutions, securities trading houses or insurance companies. For securities trading companies, the maximum compensation obligation is 90% of up to EUR 20,000. In the past, there was […]
Insolvency risks – Authority to provide legal services – Insurance cover Occupational pensions are an important component of retirement provision. They obtain their complex position in the German legal system through the interdisciplinary interaction of the most diverse fields of law, which can easily become a liability trap for legal and tax advisors; the numerous […]
Why mediators of dubious investment models cannot hope for residual debt discharge Complicity and aiding and abetting in the unauthorised conduct of banking business, section 32 KWG The Federal Court of Justice (BGH, judgement of 21.04.2005, ref. III ZR 280/03) decided that § 32 of the German Banking Act (KWG) also applies in favour […]
The forecasts for benefits of numerous private pension insurance policies have more than halved since they were taken out, which has only been the case since 1990, due to the sharp fall in interest rates in the meantime. This is no different in occupational pension schemes (bAV), which are largely organised via life insurance policies. […]
At this point, attorney at law Dr. JohannesFiala, https://www.fiala.de, lecturer for insurance law at DHBW Heidenheim, your questions. You can ask questions by sending an e-mail toott@dhbw-heidenheim.de The insurance broker has a duty in the interest of his client, the policyholder, to (1) investigate risk, (2) examine property, (3) place risk, and (4) inform his […]
Total loss in the case of partial retirement, working time accounts and pension commitments How directors, other officers, or self-employed agents completely lose their retirement benefits due to ineffective trust models. The business model of renowned corporate consultants for occupational pension schemes (bAV) includes the provision of the reinsurance assets by means of a […]
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 […]
– How the 2002 reform of the law of obligations will relieve the judiciary – New era in the limitation period for damages In the normal case of investment advice or asset management, the statute of limitations begins with the investor’s knowledge of the person who caused the damage and of the damage. If […]
Foundations have existed in Germany for centuries. Some of them still exist today and have survived wars, recessions, banking crises, changes of government and other events. Many assets – such as works of art, collections, buildings with land – could be preserved for posterity with the help of a foundation. The topic of “foundations” has […]
This is a situation most employees face at some point: The end of working life is approaching. With current, quite respectable income, it has been possible to pay off the owner-occupied home and meet the children’s education costs. In addition, for the above reasons, there is no high level of cash assets or cash assets […]
