Liability trap overprovision: Less is often more.*

*by Dr. Johannes Fiala, Attorney at Law (Munich), MBA Financial Services (Univ.), MM (Univ.), Certified Financial and Investment Advisor (A.F.A.), Lecturer in Civil and Insurance Law (BA Heidenheim, Univ. of Cooperative Education), (www.fiala.de) and Prof. Dr. Hans Jürgen Ott, Head of the Insurance – Insurance Sales and Financial Advice course at the University of Cooperative […]

Private and company pension schemes: Federal Fiscal Court confirms attachability

A position as initiator, managing director or shareholder is not required *by Dr. Johannes Fiala, lawyer (Munich), mediator (Univ.), MBA Financial Services (Univ. Wales), MM (Univ.), certified financial and investment advisor (A.F.A.), lecturer for civil and insurance law (BA Heidenheim, Univ. of Cooperative Education), banker (www.fiala.de) and Dipl.- Math.Math. Peter A. Schramm, expert for actuarial […]

How can companies best protect themselves against possible liability claims in occupational pension schemes?

Employers have double wage costs due to company pension scheme?!   The case: Employee loses around 90% of his company pension Anna M. (name changed) had asked her employer to invest part of her salary in a company pension scheme on her behalf (deferred compensation). After 6,230 euros had been transferred to a “company pension […]

Company pension scheme: Employer’s obligation to offset losses in the case of deferred compensation

By Dr. Johannes Fiala and Thomas Keppel In the case of occupational pension schemes with deferred compensation, in the first contribution years the insurance company usually offsets the acquisition costs (e.g. brokerage commissions) against the premiums paid in. According to a recent ruling by the Munich Regional Labor Court (Landesarbeitsgericht – LAG), such agreements are […]

Tax trap pension commitment

| Pension plan | The pension plan concept of the pension commitment has been recommended by many tax advisors in order to reduce taxes and increase liquidity in the company. However, this commitment can lead to coverage gaps in the company. Experts estimate that more than 90 percent of all GmbH managing directors have been […]

Life insurance from Liechtenstein

Bankruptcy privilege and insolvency protection   There are many reasons to look into life insurance from Liechtenstein. The best known are bankruptcy privilege and insurance secrecy. There are also remarkable options for the design of the succession. Last but not least, it is not the insurance company that manages the assets here, but the personal […]

RA Johannes Fiala: Company old age pension – with organization errors social welfare is pre-programmed

*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 occupational pension consultancies advertise a pension commitment check: “We would be happy to carry out a professional check of pension commitments for you. In doing so, we also ensure that common deficiencies that occur […]

The charitable trust foundation

By Johannes Fiala & Frank M. Strobelt Effective solutions for medium-sized entrepreneurs – especially in the case of liquidity bottlenecks and inheritance law Almost completely unnoticed by the general public, a fundamental reform of the inheritance and gift tax is imminent in 2007. This is like a time bomb for the entire middle class, because […]