Three people are affected by ratings: the person being rated (e.g. an initiator) with the rating subject (e.g. the current account), the person being rated (the rating agency) and the readers/users of the rating. The resulting question of the liability of the rating agency is clarified by Johannes Fiala, lawyer (Munich), M.B.A. (Univ.Wales), M.M. (Univ.), […]
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 U-cash in the insolvency of the company: For decades, the entrepreneur was told what some insurers still say today in their sales documents: “Your company pension scheme is protected against insolvency by a […]
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 ) Vesting: Employers have always tried to retain their employees by offering a company pension scheme. One of the instruments is the employer-financed social benefit, the additional conclusion of a direct insurance. Vesting only occurs […]
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 warning of a magazine “Der Freie Berater e.V.” against an intermediary GmbH has caused a stir. The magazine is demanding an injunction against harassment with SPAM, specifically concerning a press release that “BF.services GmbH” had distributed. Unprofessional impression of the sender: The warning and the request to cease and desist appear correct at […]
by Johannes Fiala, lawyer Many lending institutions have provided sales people with their loan forms in recent years. These intermediaries then sold the mortgage-backed loans (or fund shares) to investors in their living rooms. But the right of withdrawal for doorstep selling now also applies to consumer credit. This was decided by the Federal Court […]
*by Johannes Fiala, Lawyer (Munich), MBA Financial Services (Univ.Wales), M.M. (Univ.), Certified Financial and Investment Advisor (A.F.A.), EC Expert (C.I.F.E.), Banker (www.fiala.de) The Federal Supreme Court (BGH) had to decide on a case involving the following facts: The policyholder had been promised provisional cover. The subsequent premium payment for the actual policy was made by […]
Insurance companies need to re-bill: The Federal Supreme Court clarified by its three judgements of 12.10.2005 that above all with life insurance contracts, which were locked since the “deregulation” ” thus since 1994″, the insurers owe a recalculation. Incorrect billing in the event of termination and premium waiver: In essence, the issue is that clauses […]
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 year. In the last […]
