Since 2002, many employees have made use of the possibility of a company pension scheme by means of deferred compensation. What the lawmakers who initiated it ignored, however, is the cost. They are now becoming a dispute and are coming to the employers. What is to be done? Since 2002, employees have often made use […]
by RA, Bankkaufmann Rüdiger Wilhem Lohkamp and RA, Bankkaufmann Johannes Fiala – Kanzlei Fiala, Freiesleben & Weber – RA, PA, StB & WP (Munich), www.fiala.de Examination of the plausibility: Mediation obligation also with the customer at the Front: The Federal Court of Justice has clarified, among other things, in its judgement of 13.01.2000, NJW-RR 1993, […]
*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 Andreas M. Bosl, management consultant (Pöcking/Starnberg) Managing Director of Mittelstands- Strategie-Beratung GmbH and owner of MBD Mittelstands-Beratungs-Dienst e.K. (www.mbdbav. de) […]
The charitable trust foundation can be an effective solution for medium-sized entrepreneurs – especially in the case of liquidity bottlenecks and inheritance law. Almost completely unnoticed by the entire 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 […]
The new capital adequacy guidelines for banks and securities firms, Basel II for short, have been in force since 1 January 2007. For many camping entrepreneurs it is therefore high time to deal with it, because with Basel II creditworthiness and liquidity are becoming more and more important for bank customers. When it comes to […]
The new capital adequacy guidelines for banks and investment firms, Basel II for short, came into force on 1 January 2007. For many entrepreneurs it is therefore high time to deal with it, because with Basel II creditworthiness and liquidity are becoming more and more important for bank customers. When it comes to lending, it […]
The case: Employee loses approx. 90% of his company pension scheme: Anna M. (name changed) had asked her employer to invest part of her salary in a company pension scheme for her (deferred compensation). After € 6,230 had been transferred by the employer to a “company pension scheme” over three years, the employment relationship ended. […]
Liability risks and over-indebtedness of borrowers due to lack of equal value of deferred compensation and undervaluation of other pension obligations. I. Introduction w “No future can make up for what you fail to do in the present.” (Albert Schweitzer, Protestant theologian, musician, philosopher and physician 1875-1965) This simple formula marks the beginning of the […]
I briefly presented the current ruling of the Munich Regional Labor Court on losses on company pensions (4 Sa 1152/06, appeal admitted) here last week. If it were to be upheld on appeal, I think the financial consequences would be almost impossible to foresee. Today writes in addition in a guest contribution attorney Dr. Johannes […]
Since 1 January 2002, all employees subject to pension insurance have the right to deferred compensation within the framework of a company pension scheme (bAV). Practically every employer must therefore deal with this issue in his own interest and in the interest of his employees and look for ways of implementing it in the best […]
