Insolvency administrator can collect reinsurance of a pension commitment of the shareholder-managing director

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) Alleged insolvency protection: At sales training courses it is often claimed that occupational pension schemes are protected against insolvency. To this money ? In the event of the employer going bankrupt, for example, even an […]

Leverage transactions ? Liability hammer on dubious investments for independent distributors

A commentary by Johannes Fiala, M.B.A. (Univ. Wales, Cardiff); Banker (H. Aufhäuser); EC Expert (C.I.F.E.); Chartered Financial and Investment Adviser (A.F.A. in the Lloydsbank London, plc Group); M.M. (Univ.). Prison sentence for BFI Bank founder The founder of BFI-Bank was legally sentenced to six years and nine months imprisonment by the Regional Court of Würzburg. […]

Out of the advisor liability: By mediator recourse with banks and selling !

– Liability for faulty, incomplete sales training – by RA Johannes Fiala, banker (IHK), certified financial and investment advisor (A.F.A.), business economist (M.B.A., Univ.), court-appointed expert (financial services sector), IHK examiner (Finanzfachwirt), www.fiala.de Attorney Johannes Fiala explains exclusively for experten.de, at the example of the credit-financed pension, central solution beginnings, in order to come as […]

Occupational pension scheme: Social welfare is inevitable if there are design errors

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 ) Resourceful bAV company consultancies advertise a pension commitment check: ‘We would be happy to undertake the professional examination of pension commitments for you. In doing so, we also ensure that common deficiencies that occur […]

occupational pension schemes: occupational pension schemes in “unrecognised insolvent” companies

*by Johannes Fiala, lawyer (Munich), M.B.A. (Univ.Wales), (www.fiala.de) and Diplom-Kaufmann (Univ.) Edmund J. Ranosch, financial analyst (Wöllstadt) Over-indebtedness and occupational pension schemes: Pursuant to section 19 para. 2 InsO, over-indebtedness exists if the debtor’s assets do not cover the existing liabilities. The decisive factor is that this cannot be read directly from either the commercial […]

bAV: Total loss, social welfare and old-age poverty instead of ?life insurance with pension commitment?

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) In the beginning there is often a tax saving model: For the family business, which is usually run as a GmbH (limited liability company), the company pension scheme (bAV), for example as a pension commitment, […]

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 […]

occupational pension scheme: tax consultants and insurance brokers are jointly liable*.

*by Stefan Oppelt (Rödermark), bAV business consultant (www.abacus-consult.de) and Johannes Fiala (Munich), lawyer (www.fiala.de) Pensions in a family limited company: An occupational pension consultant finds the following situation in a company to be examined, a medium-sized trading company (family limited company): In 1978, a pension commitment was made by the GmbH for both the managing […]