Federal Court of Justice (BGH) orders Pensions-Sicherungsverein to hand over list of members

  – How compulsory contributions and publicity of data are used for self-promotion -.   Obligation to disclose the list of members The Federal Court of Justice (BGH) ordered the Pensions-Sicherungs-Verein auf Gegenseitigkeit (PSVaG) to disclose the list of its approximately 92,500 members (judgment of 23 April 2013, Case No. II ZR 161/11). Sufficient for […]

Buying up used life insurance policies. What’s legal, what’s illegal?

The majority of long-term life insurance policies are terminated before the scheduled end of the contract for a variety of reasons. Buyers of such “used” life insurance policies may use different business models, most of which are legal. However, the Federal Supervisory Office for Financial Services (BaFin) has banned some business models.   First of […]

Illegal and legal purchase of used life insurance policies

Reversal options should be explored Life insurance policies are long-term contracts for which the intermediary must first determine whether the customer can really afford to pay the insurance premiums, often over decades. If the intermediary does not check the customer’s needs or the customer’s ability to pay, he is liable for investment losses (BGH judgement […]

Mistakes and pitfalls in real estate financing

Unsound proposals by intermediaries and financial houses for investors and builders In the last three decades, around one million German citizens have had a de facto junk property sold to them as an investment, primarily as a retirement provision. Very few are actually a case for the wrecking ball or the demolition expert, because they […]

Mistakes and pitfalls in real estate financing

Risks:  Unsound proposals of the mediators and finance houses for investors and owners are no rarity – in the last three decades approximately a Milliion of German citizens let themselves be sold a de facto junk real estate as an investment, above all for the age precaution. It is true that very few of them […]

BGH ruling calls into question insolvency security of supplementary pension scheme

The state allows up to 20,000 euros per person and assessment year to be partially deducted as special expenses for tax purposes in the case of private old-age provision through basic pension contracts. The prerequisite for this is, for example, that an exclusion of realisation is contractually agreed. This is intended to guarantee the insolvency […]

Rürup pension is attachable

The Rürup pension or private basis pension was considered so far as a seizure-safe age precaution. It is mainly used by the self-employed. However, on 01.12.2011, the Federal Court of Justice ruled that full attachment protection must not be given in order not to restrict the protection of creditors’ property. A contractually stipulated exclusion of […]