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 […]

EU Mediation Directive: Business with mediator fear – a training swindle?

EU Directive: For years, intermediaries in the financial sector have feared the loss of their professional accreditation or licence due to the advertising of their courses by some training institutions. In doing so, these providers invoke Directive 2002/92/EC on insurance mediation. However, the wording of this Directive, “appropriate knowledge and skills”, does not initially impose […]

Investor protection transparency rating and/or expert rating?

*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 ) Existential questions: Damaged investors and intermediaries know the situation when it is said ‘No, no, your good money is not gone ? it has only someone else? The mediator of financial products is obligated […]

Occupational pension schemes: Advice protocols and products put to the test

*by Peter F. Then, insurance broker (Veitshöchheim), lawyer (www.then-finanz.de) and Johannes Fiala, lawyer (Munich), banker (www.fiala.de ) The information problem: An agent writes ‘I personally have no problem with broker liability. I am largely responsible for my own actions. Only that I should take over the liability for the mistakes of my suppliers does not […]

Labour costs as a source of tax savings

Munich: At the beginning of this year, the business capital tax was finally abolished, but there are still considerable uncertainties in tax planning – for example with regard to 620-mark jobs and night work supplements. In the following article, attorney Johannes Fiala* describes how considerable savings are possible under current law, not only for craftsmen […]

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 […]

Intermediary liability: bankruptcy due to incorrect investment advice

A must read for advisors, agents, brokers, employees of distribution companies, employees of insurance companies, partners and employees of credit institutions.   Intermediary liability: The early death of the investment advisor through bankruptcy due to incorrect investment advice!   New market development trends: The banking and investment scene is in a state of upheaval. The […]

Cheap trap “English Limited”?

The Limited as a GmbH alternative?   At first glance, this is correct, because it can be structured as an operating company or a rescue company. Two English pounds sterling will suffice as equity capital “if it is an English limited company” because there are also attractive alternatives in other countries when you think about […]