Income tax: BFH allows speculative losses to be offset even years later

*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) 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 […]

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 […]

What are acquisition brokerage, investment advice, financial portfolio management, financial planning, investment brokerage and prospectus liability?

Investment brokerage: Investment brokerage (also called acquisition brokerage, especially in the insurance sector) is the pure brokering of a third party’s investment (no products created by the client). What is owed is the provision of information and the execution of the mediation, but no advice. The investor has a limited expectation here, because he only […]

Time value account: how to put the concepts to the test*.

*by Johannes Fiala, Lawyer (Munich), M.B.A. (Univ.Wales), M.M. (Univ.), Certified Financial and Investment Advisor (A.F.A.), EC Expert (C.I.F.E.), Banker (www.fiala.de) Advice, insurance and plausibility: First of all, every intermediary should be aware that his own VSH insurance does not generally cover legal and tax advice (which is permitted as an ancillary business): Such tasks should […]

Intermediary liability: examination and archiving of documents

*by Johannes Fiala, Lawyer(Munich), M.B.A. (Univ.Wales), M.M.(Univ.), Certified Financial and Investment Advisor (A.F.A.), EC Expert(C.I.F.E.),Banker (www.fiala.de) Commentary on the “expert check The expert check is a formal check. This means that the adviser and/or intermediary is also obliged in any case to check an investment concept at least for plausibility ? for example on economic […]

Distribution and intermediary law

*by Johannes Fiala, Attorney at Law (Munich), MBA Financial Services (Univ.Wales), M.M. (Univ.), chartered Financial and investment advisor (A.F.A.), EGExpert (C.I.F.E.), banker (www.fiala.de) Distribution and intermediary law: what are contract brokerage, investment advice, Financial portfolio management,financial planning, investment brokerage and prospectus liability? Investment brokerage: Investment brokerage (also acquisition brokerage, especially in the insurance sector) is […]

From prospectus liability to distribution liability – aspects of economic risks in distribution, in particular for closed-end investments, leveraged annuities, life insurances in connection with loans, off-market shares, pp. Loans, off-market and pre-market shares, pp.

A. Intermediary liability goes further than prospectus liability: Indispensable for a financial advisor is the certainty that – a complete initiator performance record is available, and – a complete prospectus audited without objections. Already here the financial advisor is often dependent on experts, because numerous auditor prospectus audit reports are for their part incomplete or […]

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 […]

The English Limited Company as an alternative to the GmbH ?

RA Johannes Fiala (München) hat für experten.de eine Kurzinformation zusammengestellt. Es geht um die Frage: Warum eine Limited ? Vorteile und Risiken. Für den Finanzdienstleister ergibt sich angesichts über 20.000 Haftungsprozessen im Jahr, die Notwendigkeit die Haftung zu beschränken, so gut es geht. Typische Gestaltungsmittel sind dabei die Versicherung des Restrisikos durch eine Vermögenschadenhaftpflichtversicherung, aber […]

Woran ein Haus- und Wohnungseigentümer denken sollte wenn es um die Regelung von Betreuung und Nachlass geht

Inadequate provision can cause considerable economic damage to assets in the event of care or death; and often the wishes and aspirations of the person concerned are not fulfilled. The documents for arranging these matters are power of attorney, last will and testament, health care proxy and care proxy.   This article is intended to […]