Chance of high profit – but also high risks Leveraged transactions are in practice referred to by financial service providers as “savings annuity”, “savings annuity”, “lex- annuity”, “interest rate differential transaction”, “loan-financed annuity”, “immediate annuity”, “leveraged annuity”, “guaranteed annuity”, “loan-financed life insurance”, “leveraged life insurance”, “fixed loan with repayment substitute”, “leveraged pool”, “loan-financed investment”, “fixed […]
What is the legal assessment of the involvement of the Scope Group rating agency with the fund initiator Interlife Management and the sales company Deutsche Konsortial? portfolio international spoke to the Munich lawyer Johannes Fiala. The sales expert warns against a possible contributory negligence of the sales department in the case of erroneous judgements of […]
“The hardest part of having an idea is not having it, but knowing if it’s good.” (Chris Howland) Payment transactions for time value accounts or for “contractual portability” Innovative initiators in the field of company pension schemes (bAV) and the handling of time value accounts have brought models onto the market in which they […]
Commercial register and disclosure of annual financial statements: Federal government resolves even more transparency – and corporate obligations “The EHUG leads to a fundamental modernisation of the handling of company data subject to publication. We are reducing information costs, cutting red tape, speeding up processes and start-ups, and thus giving the German economy an important […]
The latest decision of the European Court of Justice (ECJ) of 03.10.2006 (Ref. C-452/04) underlines the importance of the European Constitution for the internal market. Switzerland is not part of the internal market: therefore, according to the ECJ, BaFin may also prohibit commercial lending by companies established in third countries. Legal basis Pursuant to Section […]
? Mr. Fiala, in a recent interview in Portfolio international you stated that a broker’s liability cannot be ruled out when using ratings. The background to this was what happened in connection with the Scope rating agency and the valuation of real estate funds. Can you first of all briefly describe what exactly happened there? For […]
*by Johannes Fiala, lawyer (Munich), MBA Financial Services (Univ.Wales), MM (Univ.), certified financial and investment advisor (A.F.A.), banker (www.fiala.de) For initiators and distributors it is of crucial importance that all necessary permits are available ? including audited prospectuses. However, there are always initiators who are badly advised or not advised at all. So it comes […]
*by Johannes Fiala, Lawyer (Munich), 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) He who knows nothing must believe everything.” (Marie von Ebner-Eschenbach) For the financial service provider, the BGH stipulated in its ruling of 13.01.2000 (Ref. III ZR 62/99) that […]
Investment brokerage: Investment brokerage (also called acquisition brokerage, especially in the insurance sector) is the pure brokering of a third party’s investment (no products created by the client). What is owed is the provision of information and the execution of the mediation, but no advice. The investor has a limited expectation here, because he only […]
*by Johannes Fiala, lawyer (Munich), MBA Financial Services (Univ.Wales), MM (Univ.), certified financial and investment advisor (A.F.A.), banker (www.fiala.de) and Dipl.-Math. Peter A. Schramm, actuary DAV (Diethardt), actuarial expert (www.pkv-gutachter.de) For initiators and distributors it is of crucial importance that all necessary permits are available ? including audited prospectuses. However, there are always initiators who […]
