Variants of immoral insurance contracts

Insurance products supervised by the Federal Financial Supervisory Authority (BaFin) may also be null and void on the grounds of immorality. This then also applies to the contract with consultants and agents. The investor therefore has no claim to be protected from receiving false advice: A release from liability without any financial loss liability (VSH). […]

Foreign insurance – opportunities and risks

Foreign insurance companies, especially those from the European Economic Area (EEA) and the European Union (EU) are increasingly competing with domestic providers. For insurance intermediaries and insurance customers, this creates risks, but also opportunities.   EEA and EU insurers must obtain a certificate from their home financial supervisory authority that they have sufficient own funds. […]

Employers are still liable for their commitments to employees

When pension funds cut their own benefits For years, there have been more and more reports about the reduction of benefits in pension funds, life insurance companies and pension funds. Responsible actuaries, actuaries, are increasingly worried there. And rightly so, because employers could take recourse against these experts in matters of occupational pension calculation. After […]

Generation consultants, succession planners and financial planners together with initiators in conflict with the Legal Services Act

For decades there has been the training as Financial-Planner (financial planner), Estate-Planner (succession planner) and for some years now as Generation Consultant with IHK certificate. Surely only the trainers will make money from this for the time being. At second glance, it is a guide to the violation of the Legal Services Act (RDG) and […]

From bank(s) and casino bets

How does case law help financial institutions to pass on miscalculations?   The regulations on the elimination of the basis of business in the German Civil Code (BGB) can be an approach to reorganize financial institutions in distress. For example, when building societies terminate the higher-interest deposits – sometimes with success. An insurer could terminate […]

“Absolute compliance.” A plea for whistleblowers

A recent judgment could scare away potential whistleblowers. However, the financial supervisory authority Bafin is working on an anonymous reporting option. Johannes Fiala and Peter Schramm, who consider whistleblowers to be very important, should approve of this. Whistleblowers play an important role in monitoring the compliance of companies with the law – not least in […]