Johannes Fiala, Peter A. Schramm It is the responsibility of the capital investor to have “tax saving models” examined independently of “fee and commission interests” before making an investment decision. Because even re – nommierte credit institutes arrange dubious investment models until today. Seit Jahren schreiben Steuerfahndungsstellen Bundesbürger wegen „Ermittlungsverfahren nach § 208 Abs. 1 […]
Artikel zum Thema: Regress
Think about later beforehand
The liability of “freelance” agents and salaried insurance agents Dr. Johannes Fiala, Munich, and Peter A. Schramm, Frankfurt am Main If the insurance company has assumed unlimited liability for an exclusive agent or multiple agent, no permission is required to act as an intermediary – registration by the insurer is more or less a formality. […]
Intermediaries are liable for losses
The Federal Court of Justice has ruled that insurance intermediaries are liable for damages suffered by customers in connection with ageing provisions when switching private health insurance (PKV). This also applies to private supplementary health insurance in addition to statutory health insurance. The executive of an intermediary association once asked his colleagues, “Can you tell […]
Liability for lack of information
– Employees can take action alone and/or jointly with the employer against the occupational pension provider for misadvice – In a judgment of 13.9.2007 (Case No. 8 U 29/07), the Higher Regional Court of Celle dealt with the advice given to an employee on the continuation modalities of an insurance policy concluded in the context […]
Life insurance shell companies: legal tax savings or expensive trap?
There are many tips and tricks to save taxes. However, some people might feel rather uncomfortable in times of public prosecutor investigations and dubious lists of suspected tax evaders. But especially in the run-up to the final withholding tax, many investors are itching to protect their earnings from the taxman. A model from Liechtenstein with […]
Design tips for prenuptial agreements, settlement of gain and alimony
According to the Federal Fiscal Court, waiver of alimony before marriage is taxable as a gift The Federal Fiscal Court (Bundesfinanzhof, BFH) decided in its ruling of 17 October 2007 (Ref.: II R 53/05) that in the case of a waiver of maintenance prior to marriage, the “consideration” or the settlement amount is taxable as […]
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 […]
Insurance sales in the credit institution: Illegal valve solution endangers bank and insurance board members, as well as employees *
– A “simultaneous” activity as agent and insurance broker is no longer permitted by law since 22.05.2007 -. In the case of a valve solution in insurance distribution, a credit institution acts as (multiple) agent as agreed with one or more insurers. If the customer’s needs cannot be met through this (these) product provider(s), […]
Intermediary and distribution law: free samples and forms are no liability-free favours
– Pools, distributors, associations, insurers in the recourse liability trap ? – *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 Hermann Siebenhaar, insurance broker as well as management consultant […]
Liability for occupational pension schemes ?
Explosive liability risks for employers – reduced benefits for employees ! “Today I bake, tomorrow I brew and the day after tomorrow …” (Grimm’s fairy tale) Uncertain pension “The pension is safe” proclaimed the politicians. This was followed by an appeal to the citizens to build up a second pillar for old age, the occupational […]