Generation consultants, succession planners and financial planners together with initiators in conflict with the Legal Services Act

For decades there has been the training as Financial-Planner (financial planner), Estate-Planner (succession planner) and for some years now as Generation Consultant with IHK certificate. Surely only the trainers will make money from this for the time being. At second glance, it is a guide to the violation of the Legal Services Act (RDG) and […]

Insurer: No statute of limitations after commitment

If the insurance company has acknowledged a claim but has not settled it over a long period of time, it cannot subsequently invoke an alleged limitation period for its claims. This was decided by the Oldenburg Higher Regional Court. In the following article, our experts, lawyer Johannes Fiala and expert Peter A. Schramm, explain what […]

Interview with lawyer Johannes Fiala on current trends in the financial services sector

(epn) Mr. Fiala, we would like to start by introducing you to our readers. You have started your professional career as a banker at Bankhaus H.Aufhäuser. Afterwards you studied economics with a focus on financial services (Master of Business Administration, University of Wales) and law (lawyer for over 10 years). They sit on the examination […]

Occupational pension provision: Zillmerisation in the case of deferred compensation inadmissible

– Judgement of the Munich Regional Labour Court is legally binding – Appeal apparently withdrawn due to lack of prospects of success – Employer and intermediary are in a billion-euro liability –   Employer collects first – and pays twice later The Regional Labor Court (Landesarbeitsgericht – LAG) Munich (ruling of March 15, 2007, file […]

Federal Court of Justice: No insurer is obliged to reject a policy following an invalid notice of termination

– Where are the dangers for insurance brokers in covering with cancellation ? –   The Federal Court of Justice (BGH, decision of 05.06.2013, ref. IX ZR 277/12) ruled that, according to settled case law, no insurer is obliged to reject an invalid termination of the insurance contract. The appeal was then withdrawn. Even BaFin […]