The authors deal with the issue of criminal tax fraud and money laundering using foundation trustees and life insurance companies in Liechtenstein. From the practice of investigative investigation, they define whether, among other things, instigation or aiding and abetting by bankers or intermediaries is to be assumed. Red. Of course, in recent years the […]
Artikel zum Thema: Documentation
Reduction of liability and plausibility checks for investment advisors in closed-end fund offerings – Part 2
The investment adviser must fulfil his main duties. He cannot rely on the assessment of third parties. One will be able to trust an experienced investment advisor that he is able to carry out a plausibility check based on the basic investment criteria and specific extensions to the investment category. Plausibility is the estimation […]
Reduction of liability and plausibility check for investment advisors for closed-end fund offers – Part I
The liability risks of insurance brokers, investment brokers and consultants, but also of distributors and financial planners, differ depending on the customer (advice suitable for investors), capital investment (advice suitable for the property) or the risk involved (advice following property inspection and risk analysis). Obligation to disclose commissions – or reverse the transaction: This first […]
Bank liability for investor damage or investor contribution to the subprime crisis
When selling, advising or brokering certificates and derivatives, special information is required to avoid liability towards investors. Credit institutions sold “guarantee” certificates and similar constructs to bank customers, for example the Lehman Brothers Bank, as a safe investment: numerous liability traps await bank and savings bank advisors. I. Consultant incompetence and conditions trap Certificates […]
The Rürup pension – customers receive millions of false advices
Disadvantageous tax burden in old age is not mentioned The Rürup pension was sold millions of times as a tax-saving model. As a matter of course, savings by paying insurance premiums in the savings phase are then precalculated by the agent or broker. However, if documentation has been prepared at all, it often lacks the […]
Volkswagen or the Mafia – who is a criminal organisation?
VW is not a criminal organization, just like Microsoft, BP, the FIFA or auditors (WPs) of Russian companies. Surely VW only admitted the objective circumstances in a legally preventive way, or rather admitted something of which perhaps until today one did not even know for sure whether one had done it at all – but […]
Why the prohibition on commission payments is no longer applicable
Even if the ban on commissions continues to apply for the time being – there is something in the air: The Regional Court of Cologne had decided that the agent or insurance broker acts legally if he passes on his commission or brokerage fee to insured persons in whole or in part. In 2011, the […]
Doctoral thesis confirms the infinitely high unseizability of Rüruprente or basic pension
– How lawyers and insurance intermediaries are liable for protection in the event of insolvency -. Rürup annuities or basic annuities are in principle not inheritable by contract, as agreed with the insurer, nor can they be properly terminated, lent or sold, nor pledged. This requirement for tax deduction results from § 10 I […]
Asset Protection: How millionaires are misled by financial planners and consultants
– Why some asset protection leads to poverty or prison – It is common practice for credit institutions of all kinds and independent advisors to sell “private financial planning” to their clients. This may well cost a few thousand euros in fees – only for the time being, because the damage done in the […]
Capital protection: Why some asset protection schemes lead to poverty or prison
It is common practice for credit institutions of all kinds and independent advisors to sell “private financial planning” to their clients. This may well cost a few thousand euros in fees – only for the time being, because the damage done in the process is often up to more than six figures. Bank(st)ers let it […]