Company pension scheme: Tax burdens and social security contributions play an important role in the settlement of occupational pension entitlements. In the guest article, Dr. Fiala and Peter Schramm show optimisation possibilities. Severance pay for company pension schemes (bAV) as a tax-saving model The State Social Court of Baden-Württemberg (ruling of 24 March 2015, file […]
Artikel zum Thema: EuGH
You should take this into account when revoking your life insurance contract
Pursuant to § 7 Para. 1 of the German Insurance Contract Act (VVG 2008), insurance companies must inform their customers in text form of the “contractual provisions, including the general terms and conditions of insurance, as well as the information specified in a statutory instrument pursuant to Para. 2” before concluding a contract. This […]
Expert advice: Do brokers risk their commission through fringe benefits?
In the third part of their exclusive article for FONDS professionell ONLINE on additional services provided by brokers, attorney Johannes Fiala and actuary Peter Schramm deal with the question of what consequences additional services can have for the brokerage fee. There is more than just a legal question mark behind various additional services that brokers […]
Prohibition to charge commission is dead – discount battle begins
“Until the day they rationalize me away, Or simply sort me out as non-programmable, When the big computer comes and monitors everything, Makes my preferences and quirks fully understandable, Even if I am already completely machine-readable” (Reinhard Mey) The decision by politicians not to replace the current ban on commission payments with a new […]
Insurance: Reversal, revocation and enforcement in the case of company pension schemes
Revocation is possible for life insurance policies (LV) for an eternal period. In the main, this may affect around 40% of life and pension insurance policies from the years 1995-2007 alone. This is based on rulings by the European Court of Justice (ECJ, ruling of 19 December 2013, Case C-209/12) and the Federal Court of […]
Incorrect information by insurers for consumers is anti-competitive
– How a new ECJ ruling opens the door for insurance brokers to issue warnings – The European Court of Justice ruled by judgment of 16.04.2015 (Case C-388/13) that “the provision of false information by a trader to a consumer […] must be classified as a ‘misleading commercial practice’ within the meaning of this […]
Revocation of insurance policies
Since a decision by the European Court of Justice (ECJ) on 19 December 2013 (Case C-209), insurance customers are increasingly checking whether they can still revoke their insurance policies. The aim is to recover the insurance premiums paid or to unwind insurance policies with negative returns. Insurance companies have often failed to adequately and effectively […]
Federal Supreme Court: Insurance benefits remain with the recipient despite revocation
When the revocation of life, pension and other insurance policies can be worthwhile Since a decision by the European Court of Justice (ECJ) on 19 December 2013 (Case C-209), insurance customers are increasingly checking whether they can still revoke their insurance policies. The aim is to get back the insurance premiums paid or, in […]
When the revocation of life, pension and other insurance policies can be worthwhile
Federal Supreme Court: Insurance benefits remain with the recipient despite revocation Since a decision by the European Court of Justice (ECJ) on 19.12.2013 (AZ: C-209), doctors and dentists are increasingly checking whether they can still revoke their insurance policies. The aim is to recover the insurance premiums paid or, in many cases, to unwind […]
Life insurance for financing and in insolvency
Differences in family provision and succession arrangements at home and abroad The Federal Court of Justice (BGH) ruled in its judgment of 27 September 2012 (Case IX ZR 15/12) that the granting of an irrevocable subscription right – solely for the payment of a life insurance policy in the event of death – is […]