EU Insurance Mediation Directive: Will insurance intermediaries and financial service providers lose their licences?

*by Dr. Johannes Fiala, lawyer (Munich), mediator (Univ.), MBA Financial Services (Univ.Wales), MM (Univ.), certified financial and investment advisor (A.F.A.), lecturer in civil law and insurance law (Univ. of Cooperative Education), banker (www.fiala.de) and Ralf W. Barth, managing director of Ralf W. Barth GmbH and pecuniary loss liability broker (www.rwb-finanz.de), as well as board member […]

Free expert advice on the topics of insurance, taxes and real estate

Areas of Focus: Betr. Retirement provision, tax law, advisor liability, “junk real estate”, reorganizations, business succession Contact: Johannes Fiala, lawyer (Munich), certified financial and investment advisor, banker, business economist (MBA) Hotline: 089 179090-0 The ep sponsors this service. Apart from the normal telephone charges, there are no costs for you. Just enter your seven-digit ep […]

Leveraged business: immediate annuity – bank loan – savings plan

Chance of high profit – but also high risks Leveraged transactions are in practice referred to by financial service providers as “savings annuity”, “savings annuity”, “lex- annuity”, “interest rate differential transaction”, “loan-financed annuity”, “immediate annuity”, “leveraged annuity”, “guaranteed annuity”, “loan-financed life insurance”, “leveraged life insurance”, “fixed loan with repayment substitute”, “leveraged pool”, “loan-financed investment”, “fixed […]

New sources of danger

23 November 2006 ? Today, the new intermediary law is to pass the Bundestag. This brings new insights for the impact on the work of all intermediaries in the insurance and financial services sector. In the future, the insurance intermediaries will be subject to the so-called information, consulting and documentation obligations. We are however the […]

Initiator monitoring and controlling: sales companies and training managers in personal liability for incorrect training of financial intermediaries and financial advisors

The difference between the right word and the almost right word is the same as between a flash of lightning and a firefly (Mark Twain, US storyteller and satirist, 1835 – 1910).   Since many training courses of product providers and/or distributors are based on legal statements whose contents were not checked in advance, the […]

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 […]

Out of the advisor liability: By mediator recourse with banks and selling !

– Liability for faulty, incomplete sales training – by RA Johannes Fiala, banker (IHK), certified financial and investment advisor (A.F.A.), business economist (M.B.A., Univ.), court-appointed expert (financial services sector), IHK examiner (Finanzfachwirt), www.fiala.de Attorney Johannes Fiala explains exclusively for experten.de, at the example of the credit-financed pension, central solution beginnings, in order to come as […]

Comments on the liability of the insurance broker

by Johannes Fiala, lawyer Some brokers or investment advisors may hardly believe it: The BGH has in the last ten years practically fixed that these mentioned occupational groups are just as strictly responsible for handling errors, as for instance tax advisors and chartered accountants. The reform of the law of obligations since 01.01.2002 indicates that […]

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)

by Johannes Fiala, lawyer Leveraged transactions are in practice referred to by financial service providers as “savings annuity”, “savings annuity”, “lex annuity”, “interest rate differential transaction”, “loan-financed annuity”, “immediate annuity”, “leveraged annuity”, “guaranteed annuity”, “loan-financed life insurance”, “leveraged life insurance”, “fixed loan with redemption replacement”, “leveraged pool”, “loan-financed investment”, “fixed loan with repayment substitute”, “leveraged […]