Consultant liability Archives - Rechtsanwaltskanzlei München

Published on: 5. May 2020

Company pension scheme: Company loses all its pension assets to insolvency administrator

– OLG Naumburg: Consultants are liable for losses and incorrect advice – Insolvency administrator draws company and private pension provision completely an investment broker and insurance brokers are happy to advertise company and private pension provision for entrepreneurs as “seizure-proof and insolvency-proof”. However, this is not the case, as a recent ruling by the […]

Published on: 9. January 20203. December 2020

Employers are often liable to employees for company pension schemes

– What information, education and advisory duties are imposed on employers? – The Regional Labour Court (Landesarbeitsgericht – LAG Hamm, judgement of 06.12.2017, file no. 4 Sa 852/17) decided that the employer (AG) is liable for damages if the advice on deferred compensation in company pension schemes (bAV) was incorrect. This was the case even […]

Published on: 18. September 20183. December 2020

Occupational pension schemes do not prevent poverty in old age

– How will the severance pay for company pension schemes (bAV) be subsidised from 01.07.2016? – As of July 1, 2016, the severance payment of pension commitments on occupational pension schemes will be classified as pension benefits by the umbrella organisations of the social security system, Section 229 SGB V. This means that neither unemployment […]

Published on: 18. May 20173. December 2020

Variants of immoral insurance contracts

Insurance products supervised by the Federal Financial Supervisory Authority (BaFin) may also be null and void on the grounds of immorality. This then also applies to the contract with consultants and agents. The investor therefore has no claim to be protected from receiving false advice: A release from liability without any financial loss liability (VSH). […]

Published on: 16. May 2017

Errors in advice on the tax savings model for the Rürup pension

Why the mediation of the basic pension almost certainly leads to the liability of the intermediary. The Rürup pension was sold millions of times as a tax-saving model. As a matter of course, savings by paying insurance premiums in the savings phase are then precalculated by the agent or broker. However, if documentation has […]

Published on: 7. February 2017

When time value accounts lead to criminal prosecution and employer liability

Time value accounts (ZWK) are used to shift social insurance and payroll tax contributions into the future. Such ZWK arrangements are not recognised for tax purposes in the case of members of the management boards of public limited companies and managing directors of private limited companies, as the Federal Minister of Finance clarified (letter dated […]

Published on: 27. April 20167. December 2020

Save taxes with Rürup pension?

The Rürup pension was sold as a tax-saving model in which savings made by paying insurance premiums during the savings phase are naturally pre-calculated by the agent. However, if documentation has been prepared at all, it often lacks the disadvantages of tax burdens in old age. The misadvice will already be that in old age […]

Published on: 13. April 2016

Immobilienpilot: “Leverage transactions

Chance of multiple profit – but also private bankruptcy risk ! (at the same time with reference to the new BGH ruling on consultant liability, V ZR 402/99) The original case: Dr. Peter Fleißig, a physician with a successful practice, 45 years old, one wife, two children, is informed by his financial […]

Published on: 17. March 2016

Liechtenstein-Connections from the perspective of the investigators

The authors deal with the issue of criminal tax fraud and money laundering using foundation trustees and life insurance companies in Liechtenstein. From the practice of investigative investigation, they define whether, among other things, instigation or aiding and abetting by bankers or intermediaries is to be assumed. Red. Of course, in recent years the […]

Published on: 25. February 2016

The Rürup pension – customers receive millions of false advices

Disadvantageous tax burden in old age is not mentioned The Rürup pension was sold millions of times as a tax-saving model. As a matter of course, savings by paying insurance premiums in the savings phase are then precalculated by the agent or broker. However, if documentation has been prepared at all, it often lacks the […]

Phone:	+49 (0)89 – 17 90 90 – 0
Skype:	Dr. Johannes Fiala PhD
Fax:	+49 (0)89 – 17 90 90 – 70
E-Mail:	info(at)fiala.de

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