The wave of insolvencies is coming. What is to be considered thereby and how self-employed persons and GmbH managing directors could lose also the old age pension, explain the examined financial and investment advisor and banker Dr. Johannes Fiala and the expert for insurance mathematics Peter A. Schramm. In the so-called Corona crisis, the […]
Artikel zum Thema: Insolvency Code
Corona aids: With state aid in insolvency and poverty in old age
– How self-employed persons and GmbH managing directors also lose their pension provision ? – In the so-called Corona crisis, the state helps, for example by providing tax relief – such as reducing advance payments and deferral of payments upon application. This applies to income tax, corporate income tax and value added tax, but not […]
Total loss for pension scheme of the managing partner in GmbH insolvency
– New BGH ruling: How the insolvency administrator achieves confiscation and immediate realisation The most common form of company pension scheme (bAV) for the managing partners is the pension commitment. A new ruling by the Federal Court of Justice (BGH ruling of 18 July 2013, file no. IX ZR 219/11) opens up further possibilities […]
Legal restriction to the surrender value in the event of revocation of life insurance policies is contrary to EU law
– Current ECJ ruling opens up reversal with perpetual cancellation right also for new life insurance policies since 2008 – The bang of the European Court of Justice (ECJ) The European Court of Justice ruled (ruling of 19 December 2019, ref. C355/18, C-357/18, C-479/18) that a provision in insurance contract law according to which […]
Subscription right LV: How the contract value can be collected retroactively
How can the irrevocable subscription right be eliminated by revoking the life insurance? What options are available to heirs or insolvency administrators to collect the contract value retroactively. If a life insurance contract falls within the estate, all rights of structuring apply first of all; such as termination, revocation of a subscription right, contesting […]
Sale and assignment of pension insurance policies before own insolvency
“Live today – save later” – this is often the motto when an annuity insurance policy is to be sold for a one-off payment. Some insurers offer this to their customers due to an emergency situation even if there is no longer a contractual legal claim to it after the start of the pension. On […]
Live better today – and rely on a snowball system in the future?
The subject of pensions is not easy, but it is enormously important for the future, no matter what stage of life you are currently in. Network-Karriere has asked the Munich lawyer Dr. Johannes Fiala and the pension specialist Dipl.-Math. Peter A. Schramm to prepare the most important facts: “Live today, save later” is often the […]
Private pension insurance: How does the sale work?
The policyholder is insolvent and urgently needs money. There would be the possibility to sell the right to his private pension. How the framework for this is set and when a transfer can fail, describe attorney Dr. Johannes Fiala and actuary Peter A. Schramm in their contribution “The ordinary right to a private pension could […]
Permits for guardianship of minors, care and administration of the estate
Permits for guardianship of minors, care and administration of the estate Introduction A legal guardian can be appointed for an adult: Legal guardianship leads to legal guardianship, § 1902. The guardianship court may appoint a voluntary guardian (lay guardian) or a professional guardian. The appointment of a suitable volunteer supervisor is a priority. The volunteer […]
Deposit insurance for credit institutions and securities trading firms, Part 1
When maybe only 100,000 euros are secured and the rest becomes a restructuring profit for the bank…. The Financial Market Authority cannot prevent the insolvency of credit institutions, securities trading houses or insurance companies. For securities trading companies, the maximum compensation obligation is 90% of up to EUR 20,000. In the past, there was […]
- 1
- 2