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). […]
Artikel zum Thema: BaFin
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 […]
Attack on the freedom of brokers?
A BaFin circular raises questions Some lawyers fear that insurers may now subject brokers to stricter controls. published in www.fondsprofessionell.de in issue 01/2015, pages 312-313
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 […]
OLG Cologne: Double acquisition costs in life insurance not permissible
The Higher Regional Court of Cologne (OLG Köln, judgement of 02.09.2016, file no. 20 U 201/15) forbade a life insurer to charge Riester customers double acquisition costs – once costs with a maximum rate of 2.5 percent (previously 4.0 percent) of the premium volume spread over five years, and in addition further costs over the […]
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 […]
Income protection as whistleblower – instead of breaking the law with tax evasion Deluxe
– How employees from credit institutions and insurance companies help to secure their jobs ? – “Cu è surdu, orbu e taci, campa cent’ anni ‘mpaci” “He who is deaf, blind and dumb lives in peace for a hundred years.” – Sicilian proverb In the United States of America there is the US […]
“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 […]
Blackboard papers guarantee tax exemption – or tax evasion-deluxe until the end of 2016
– Which loopholes the legislator still allows the investor tax-free – For decades it has been customary for many investors to store their securities in effective certificates in a safe deposit box. For the older generation, the reason is a war experience, so that, if necessary, one can pick up bonds and shares at any […]