– Why the Small Investor Protection Act does not protect against investment losses due to low interest rates – Obligation to provide investor-friendly advice According to the BGH Bond ruling (Federal Court of Justice ruling of 14.06.2007, Ref. XI ZR 12/93), all investment advice must be appropriate to the investor and the property. Investor-oriented […]
The Federal Court of Justice (BGH, ruling of 13 November 2014, Ref. III ZR 544/13) has recently ruled that failure to comply with the insurance agent’s duty of documentation in accordance with § 61 Para. 1 sentence 2, § 62 of the German Insurance Contract Act (VVG) may lead to a shift in the burden […]
The Bundesgerichtshof (BGH, ruling of 13.11.2014, Ref. III ZR 544/13) has recently decided that the failure of the insurance broker to comply with the documentation obligation under Section 61 (1) of the German Insurance Supervision Act (Versicherungsvermittler). 1 sentence 2, § 62 of the German Insurance Contract Act (VVG) may lead to a shift in […]
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 […]
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 […]
– When legal representation without an appraisal is giving away pure money -. No one would accuse financial institutions, i.e. banks and insurers, of unlawful or dishonest behaviour if affected customers do not receive what they are actually entitled to after a revocation of credit and investment or insurance contracts. Without an expert examination […]
Optimal revocation for credit, capital investment and insurance When legal representation without an expert opinion is giving away pure money No one would accuse financial institutions, i.e. banks and insurers, of unlawful or dishonest behaviour if affected customers do not receive what they are actually entitled to after a revocation of credit and investment […]
What was well-intentioned as a tip can become a nasty liability trap for brokers or financial advisors. As a tipster, it is sufficient to adhere to a few principles in order to protect yourself. Agents for insurance or building society contracts, advisors for financial investments such as investment funds or over-the-counter investments are experts in […]
From the series of newsletters of the DHBW (Baden-Wuerttemberg Cooperative State University) Heidenheim on the topic “Mediation Law in Practice”: At this point, attorney-at-law Dr. Johannes Fiala, https://www.fiala.de, lecturer for insurance law at the DHBW Heidenheim, your questions. Questions can be asked by emailing ott@dhbw-heidenheim.de. First of all, there must be a connection with a […]
How the Federal Court of Justice strengthens the rights of local authorities, small and medium-sized enterprises and private investors? Major German bank ordered to pay damages In its ruling of 22 March 2011, the X I Civil Senate of the Federal Court of Justice (BGH), which is responsible for banking law, for the first time […]
