bAV: Pledge gap – No insolvency protection for widows ?

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 ) occupational pension commitment for widows and orphans: In its advertising for occupational pension schemes, the insurance industry claims that various implementation channels are protected against insolvency. This advertising is often, according to the new […]

bAV: No insolvency protection of direct insurance with revocable subscription right of the GGF, despite vesting

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 ) Revocable subscription right In the event of insolvency, the employee does not have a right to separate satisfaction in respect of a direct insurance policy if the subscription right is designed to be revocable. […]

bAV: Suspicion of fraud in bAV distribution

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 ) Cooperation Agreement: A bAV distributor risks trouble with the public prosecutor’s office: Hundreds of financial service providers are apparently supposed to use a model cooperation agreement with tax consultants to promote business. The drafter […]

Occupational pension schemes: Advice protocols and products put to the test

*by Peter F. Then, insurance broker (Veitshöchheim), lawyer (www.then-finanz.de) and Johannes Fiala, lawyer (Munich), banker (www.fiala.de ) The information problem: An agent writes ‘I personally have no problem with broker liability. I am largely responsible for my own actions. Only that I should take over the liability for the mistakes of my suppliers does not […]

bAV: Insolvency protection through security deposit for the working time account

by Alfons-Maria Gracher, credit and surety broker (Trier), banker (www.buergschaft.com) and Johannes Fiala, lawyer (Munich), banker (www.fiala.de) Time value account and part-time work for older employees: The protection of credit balances from part-time work for older employees as well as time value accounts is a legal obligation of the employer, cf. § 8a ATG and […]

bAV: Total loss, social welfare and old-age poverty instead of ?life insurance with pension commitment?

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) In the beginning there is often a tax saving model: For the family business, which is usually run as a GmbH (limited liability company), the company pension scheme (bAV), for example as a pension commitment, […]

bAV: The obligation to convert remuneration in accordance with § 1 of the German Company Pension Act (BetrAVG) – a liability trap with a possible insolvency risk

*by Ralph C. Kiening (Bamberg), corporate consultant-bAV (www.betriebsrentenkasse.de) and Johannes Fiala (Munich), lawyer (www.fiala.de) Old-age poverty preprogrammed? A recent study by the German Institute for Retirement Provision (DIA) reveals that the statutory pension is no longer sufficient. However, almost 60 percent of all households do not provide sufficiently for their old age. Almost one third […]

occupational pension scheme: tax consultants and insurance brokers are jointly liable*.

*by Stefan Oppelt (Rödermark), bAV business consultant (www.abacus-consult.de) and Johannes Fiala (Munich), lawyer (www.fiala.de) Pensions in a family limited company: An occupational pension consultant finds the following situation in a company to be examined, a medium-sized trading company (family limited company): In 1978, a pension commitment was made by the GmbH for both the managing […]

bAV: Reduced insolvency protection in the event of a work interruption

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) Two employment contracts: One employee was working for the same company with an interruption of his employment. The employment relationship had been interrupted for studies. After the study, the employer agreed that the previous length […]

bAV: U-Kassen without insolvency protection

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) If a provident fund becomes insolvent, it can be very expensive. For the employer and in recourse for the consultant. Once upon a time there was a U-Kasse in Ratingen. Today, you can only find […]