Insurance law: Fax cannot replace statutory 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 refusal of the benefit: The insurer later informed the policyholder that it was refusing to […]

Company pension schemes, social security clearing, tax saving schemes: Liability brake by checking the permissibility of tax and legal advice !

Es ist verrückt, die Dinge immer gleich zu machen und dabei auf andere Ergebnisse zu hoffen. (Albert Einstein) In den letzten Jahren haben der Bundesgerichtshof (BGH) und das Bundesverfassungsgericht (BVerfG) die Rechtsberatung massiv liberalisiert. Der Gesetzgeber plant weitere Erleichterungen auf Wunsch der Wirtschaft, durch das neue Rechtsdienstleistungsgesetz (RDG). Für Finanzdienstleister ergeben sich dadurch neue Märkte: […]

Insolvency administrator can collect reinsurance of a pension commitment of the shareholder-managing director

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) Alleged insolvency protection: At sales training courses it is often claimed that occupational pension schemes are protected against insolvency. To this money ? In the event of the employer going bankrupt, for example, even an […]

Initiator support and controlling: Uninsured tax and legal advice ? Liability trap in distribution law

*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 demarcation between business advisory and legal advisory activities is decisive for the question of what an initiator, a distributor and an intermediary may currently offer as a ?model or system? as their own or third […]

1,000,0000 junk real estate victims await ECJ ; Statute of limitations looms for hundreds of thousands of consumers

by Johannes Fiala, lawyer To this day, banks enforce against their clients for unprofitable tax saving schemes in the real estate sector: The European Court of Justice is called upon to help consumers enforce their rights. Many aggrieved investors often do not know that most claims for damages become time-barred at the end of the […]

1,000,0000 junk real estate victims await ECJ ruling

by Johannes Fiala, lawyer To this day, banks are enforcing against their customers for unprofitable tax saving schemes in the real estate sector: the European Court of Justice is called upon to help consumers enforce their rights. Many aggrieved investors often do not know that most claims for damages become time-barred at the end of […]

Risks associated with the investment and management of third-party funds

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) On the duties of a lawyer and tax adviser in the management of third-party assets – in particular in the investment of wards’ money – in escrow or trust accounts Due to faulty investment advice […]

Is an appraisal required?

RA Johannes Fiala On the question of the necessity of having the value of the apartment determined by an expert opinion, we interviewed attorney Johannes Fiala, Munich. Fiala is an expert in this field. Many VfE members already know him. Mr. Fiala, you recommend that your clients have an appraisal done on the value of […]

BGH strengthens rights of home buyers

by Johannes Fiala, lawyer The Federal Court of Justice (BGH) has strengthened the rights of condominium owners who have concluded the purchase of their property and the associated loan agreement in a “doorstep situation” (XI ZR 91/99). According to the ruling, homebuyers can revoke their loan indefinitely if they were not properly informed of their […]