Guest article by Dr. Fiala on the topic of Ltd. We have received the following guest article from Dr. Fiala. The already topical subject of Limited will be dealt with, as well as further possibilities of how intermediaries can optimally protect themselves. Optimizing protection against liability – a suggestion for intermediaries * *by Dr. Johannes […]
Those who hope that the violation of consultation and documentation obligations as of 22 May 2007 can only result in a fine are mistaken. At best, this applies to breaches of information obligations. However, when it comes to consultation and documentation obligations, the withdrawal of a licence can in fact be threatened. From 22 May […]
PM Dr. Johannes Fiala (Law Firm Johannes Fiala) Offsetting losses from the period since 1999: The Federal Fiscal Court (Bundesfinanzhof, BFH) apparently has a heart for stock market investors as well. According to its ruling (Ref. IX R 21/04), investors can offset their losses from speculative transactions against profits for all years since 1999. Final […]
Software without quality management as a liability trap ! “The hardest part of having an idea is not having it, but knowing if it’s good.” (Chris Howland) In the advertisement of some software manufacturer it is said: “Of course with liability-safe consulting protocol after the current legal changes. However, on closer examination, it may turn […]
*by Dr. 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 in Civil Law (Univ. of Cooperative Education), Banker (www.fiala.de) “There is known knowledge. These are things we know we know. There is known ignorance. That is, there are things we know […]
*by Dr. 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 in Civil and Insurance Law (Univ. of Cooperative Education), Banker (www.fiala.de) You can’t solve a problem with the same mindset that created it. (Albert Einstein) Also renowned offerers of closed participation […]
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 […]
There is known knowledge. These are things that we know we know. There is known ignorance. That is, there are things we know we don’t know. But there is also unknown unknowing. These are things we don’t know we don’t know.? (Donald Rumsfeld) Risks of providing advice on cover for loss of capacity to work: […]
Practical rule: No liability-proof consulting protocol software? “The hardest part of having an idea is not having it, but knowing if it’s good.” (Chris Howland) The advertising of many a software manufacturer says: “Of course, with a liability-proof consultation protocol in accordance with the current legal changes.” However, a close examination may reveal […]
? Mr. Fiala, in a recent interview in Portfolio international you stated that a broker’s liability cannot be ruled out when using ratings. The background to this was what happened in connection with the Scope rating agency and the valuation of real estate funds. Can you first of all briefly describe what exactly happened there? For […]
