Liquidity gap in distribution: A typical emergency situation of the intermediary can be based on the fact that 50% of his Riester contracts run into cancellation? plus the cancellations from the 2004 LV sale. The high income led to back and advance tax payments – the intermediary often has too few reserves for such situations. […]
Artikel zum Thema: Federal Court of Justice
Insurance law: Expert opinion cancels out the time limit for bringing an action under § 12 III VVG
*by Johannes Fiala, Lawyer (Munich), Mediator (Univ.), 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) A lawyer wins his case and telegraphs to his client, “Justice has prevailed!” The client telegraphs back, “Appeal at once!” The Federal Court of Justice (BGH) […]
Financial services: Attorney disbarment
*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) Lawyers who work in sales do not get a licence: The Federal Court of Justice has (judgement of 15.05.2006, Az. Anw(Z) 41/05) currently confirms that lawyers are not […]
bAV: Time value account and U-Kasse without VSH protection
*by Johannes Fiala, Lawyer (Munich), Mediator (Univ.), 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) The defendant asked his lawyer how long the whole affair was likely to take. Lawyer: “For me three hours and for you three years…” Again and […]
Credit-financed junk real estates: New judgement of the Federal High Court (BGH) ? a slap for the European Court of Justice (EuGH) and the capital investors ? *
*by Johannes Fiala, lawyer (Munich), MBA Financial Services (Univ.Wales), MM (Univ.), certified financial and investment advisor (A.F.A.), banker (www.fiala.de) Tax savings for every German citizen: For many decades, the state has promoted so-called “tax-saving models” – in reality, these were often only ways of shifting taxes into the future. Resourceful initiators then sold or brokered […]
bAV: Liability bomb instead of insolvency protection: working time account (ZWK)
by lawyer, banker Rüdiger Wilhem Lohkamp and lawyer, banker Johannes Fiala ? Law firm Fiala, Freiesleben & Weber ? RA, PA, StB & WP (Munich), www.fiala.de Plausibility check: mediator’s duty also at the customer’s front: The Federal Supreme Court clarified among other things in its judgement of 13.01.2000, NJW-RR 1993, 1114 that a mediator ?regardless […]
occupational pension schemes: gaps in insurance cover for intermediaries, initiators and trustees
By Ralf W. Barth, Property Damage Liability Broker (www.rwbfinanz. de) and Johannes Fiala, lawyer (www.fiala.de) Practical gaps in the intermediary’s VSH protection: A short story starts with the statement of an insurer that only the advice of the employer in the occupational pension scheme is insured in the scope of coverage ? but not the […]
bAV: Reinsurance policy not insolvency-proof – insolvency administrator can withdraw reinsurance of a pension commitment of the GGF
Johannes Fiala, lawyer (Munich), Andreas Michael Bosl, management consultant bAV (Pöcking). At sales training courses it is often claimed that company pension schemes are protected against insolvency. Even an insolvency administrator cannot access this money – in particular the reinsurance – if, for example, the employer goes bankrupt. This 1, is however simply wrong, as […]
The billion-dollar grave of the insurance industry and German entrepreneurs are liable to the bitter end – of their possible insolvency, how the common sales practice of the insurance and finance industry lures entrepreneurs and their businesses into the insolvency trap
The billion-dollar grave of the insurance industry and German entrepreneurs are liable to the bitter end – their possible insolvency. how the common sales practice of the insurance and finance industry lures entrepreneurs and their businesses into the insolvency trap and, if necessary, even turns them into criminals Who would have thought it? Politics […]
Insurance law: Fax cannot replace legal written form
*by Johannes Fiala, lawyer (Munich), MBA Financial Services (Univ.Wales), MM (Univ.), certified financial and investment advisor (A.F.A.), banker (www.fiala.de) The claim: A policyholder had been a proud yacht owner until a loss occurred: a fire had damaged the vessel. The rejection of the benefit: The insurer later informed the policyholder that it was rejecting the […]