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) bAV-Handelsblatt-Forum: Void conversion of remuneration Dr. Reinecke, chairman of the pension senate at the Federal Labour Court (BAG), has let the bombshell burst. Its core statement is that contracts for the implementation of occupational pension […]
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) The judgement of the Federal Social Court: Before the Federal Social Court (BSG) a GGF with its management consultation GmbH lost: After the wording of the judgement reasons (Az. B 12 RA 1/04 R) also […]
*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) Fictitious self-employment of a commercial agent ? the questions: Is there an unconditional obligation to comply with all instructions given by the principal? Is there an obligation to submit regular detailed reports at short intervals? […]
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) bAV-Handelsblatt-Forum: Void conversion of remuneration Dr.Reinecke, chairman of the pension senate at the Federal Labour Court (BAG), has dropped the bombshell. His core statement is that contracts for the implementation of company pension schemes can […]
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 […]
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 ) Petition proves: Pension commitment is not insolvency-proof but seizable: Where the ?hare in the pepper? lies shows the report of the Petitionsausschuss of the German Bundestag. In the printed matter 15/5570 of 01.06.2005 it […]
Two specialists in the field of company pension schemes (bAV) should be known to employers and intermediaries: Prof. Dr. Hans-Peter Schwintowski and the presiding judge at the Federal Labour Court (BAG), Dr. Gerhard Reinecke. Dr. Reinecke: The chairman of the pension senate at the BAG stands for the statement that the overwhelming majority of deferred […]
The bAV problems: Entrepreneur U. would like to sell his GmbH. The buyer is not willing to assume the biometric risks of the pension commitments as part of the “M&A share deal”. This according to the motto “who knows how long the pensioners will live and whether the reinsurance is really sufficient”? The same problem […]
IDW criticizes unrealistic balance sheet approach The renowned Institut der Wirtschaftsprüfer (IDW) puts it in a nutshell in its press release of 16.01.2006: “Deficiencies in the current regulations – The tax requirement of 6% thus results in a provisioning approach that is too low. Similarly, Section 6a of the Income Tax Act prohibits the […]
