The liability risks of insurance brokers, investment brokers and consultants, but also of distributors and financial planners, differ depending on the customer (advice suitable for investors), capital investment (advice suitable for the property) or the risk involved (advice following property inspection and risk analysis). Obligation to disclose commissions – or reverse the transaction: This first […]
Artikel zum Thema: Plausibilitätskontrolle
Volkswagen or the Mafia – who is a criminal organisation?
VW is not a criminal organization, just like Microsoft, BP, the FIFA or auditors (WPs) of Russian companies. Surely VW only admitted the objective circumstances in a legally preventive way, or rather admitted something of which perhaps until today one did not even know for sure whether one had done it at all – but […]
Legally managing the insolvency risks of pension schemes
The basic provisions granted by the legislator as a protective shield for old-age provision are not comprehensive. The approach of professional asset protection starts with the consideration of an early division of assets. By separating the professional risks within the framework of a corporation from the private assets, a liability block is created quite legally. […]
The order of the day – examine the risk of loss of pension benefits
Directors, as well as other board members or self-employed agents, face the complete loss of their retirement benefits, if they were secured through ineffective trust arrangements. The authors strongly advise an early check to take corrective action. Red. Trust assets are unprotected in the event of the trustee’s insolvency. The Federal Court of Justice already pointed this […]
Insurance fraud in connection with partial retirement, working time accounts and pension commitments via double trust (CTA)
Total loss in the case of partial retirement, working time accounts and pension commitments How directors, other officers, or self-employed agents completely lose their retirement benefits due to ineffective trust models. The business model of renowned corporate consultants for occupational pension schemes (bAV) includes the provision of the reinsurance assets by means of a […]
E-Interview with Johannes Fiala
Managed by infinma – Institut für Finanz-Markt-Analyse GmbH, Cologne infinma: Mr. Fiala, you recently stated in an interview in “portfolio international” that a broker’s liability cannot be ruled out when ratings are used. The background to this was what happened in connection with the Scope rating agency and the valuation of real estate funds. First […]
E-Interview with Johannes Fiala
E-Interview with Johannes Fiala infinma: Mr. Fiala, you recently stated in an interview in “portfolio international” that a broker’s liability cannot be ruled out when ratings are used. The background to this was what happened in connection with the Scope rating agency and the valuation of real estate funds. First of all, can you briefly […]
Discussion of the judgement of the BGH of 10.07.2007
“The Federal High Court (BGH) decided by judgement of 10.07.2007 that the fund-financing bank is obligated of itself to the clearing-up of the customer, if it comes (partly causally) also by hidden commissions to the fact that the acquisition price is scarcely twice as high, as the value of the portion of the closed participation. […]
Liability trap: occupational pension reinsurance with closed participations
*by Dr. Johannes Fiala, Lawyer (Munich), Mediator (Univ.), MBA Financial Services (Univ.Wales), MM (Univ.), Certified Financial and Investment Advisor (A.F.A.), EC Expert (C.I.F.E.), Lecturer in Civil and Insurance Law (Univ. of Cooperative Education), Banker (www.fiala.de) What some people pretend to themselves, that no one imitates them so quickly. (Gerd Uhlenbrock) Both in the company pension […]
E-Interview with Johannes Fiala (No.4, 2006)
? Mr. Fiala, in a recent interview in Portfolio international you stated that a broker’s liability cannot be ruled out when using ratings. The background to this was what happened in connection with the Scope rating agency and the valuation of real estate funds. Can you first of all briefly describe what exactly happened there? For […]
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