bAV: Company pension – compensation for employees

The following text reproduces the television report of the programme plus minus from 19.09.2006: In order to strengthen private old-age provision, an employee’s right to deferred compensation was enshrined in law in 2001 in the case of occupational pension provision (Section 1 a of the Occupational Pensions Act). In addition, such payments receive tax and […]

Financial services: Attorney disbarment

*by Johannes Fiala, Lawyer (Munich), 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) Lawyers who work in sales do not get a licence: The Federal Court of Justice has (judgement of 15.05.2006, Az. Anw(Z) 41/05) currently confirms that lawyers are not […]

bAV: Time value account and U-Kasse without VSH protection

*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) The defendant asked his lawyer how long the whole affair was likely to take. Lawyer: “For me three hours and for you three years…” Again and […]

Betriebliche Altersversorgung – Facts&Fiction: Support fund – Investment fraud with built-in employer liability ?

*by Johannes Fiala, Lawyer (Munich), 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 ) and Dipl.-Math. Peter A. Schramm, Actuary DAV (Diethardt), Actuarial Expert (www.pkv-gutachter.de ) “Smile and be happy, it could be worse!” And I laughed and was glad – […]

bAV: Penalty risk – Zillmerung without insurance cover ? ? or ?Zillmerung good ? all good? *

*by Johannes Fiala, Lawyer (Munich), MBA Financial Services (Univ.Wales), M.M. (Univ.), Certified Financial and Investment Advisor (A.F.A.), EC Expert (C.I.F.E.), Banker (www.fiala.de) The insurance intermediary (agent and broker) is not insured by a property damage cover (VSH) if he intentionally or knowingly breaches his duties. What does this mean for the intermediary’s practice? Knowingly breach […]

Retirement provision benefits companies and employees

Rudolf Becker and Johannes Fiala More than ever, every German citizen is responsible for his or her own retirement provision. The benefits provided by the statutory pension are no longer nearly sufficient to maintain the accustomed standard of living in retirement. Even the Retirement Assets Act (AVmG) passed on 11.05.2001 is only an inadequate way […]

bAV: The obligation to convert remuneration in accordance with § 1 of the German Company Pension Act (BetrAVG) – a liability trap with a possible insolvency risk

*by Ralph C. Kiening (Bamberg), corporate consultant-bAV (www.betriebsrentenkasse.de) and Johannes Fiala (Munich), lawyer (www.fiala.de) Old-age poverty preprogrammed? A recent study by the German Institute for Retirement Provision (DIA) reveals that the statutory pension is no longer sufficient. However, almost 60 percent of all households do not provide sufficiently for their old age. Almost one third […]

bAV: U-Kassen without insolvency protection

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) If a provident fund becomes insolvent, it can be very expensive. For the employer and in recourse for the consultant. Once upon a time there was a U-Kasse in Ratingen. Today, you can only find […]