Company pension scheme: Dr. Johannes Fiala and Peter Schramm explain how a higher level of provision can be achieved with less effort in a guest article for procontra-online.de. With regard to pension equalisation, there is currently (still) the possibility of “external splitting” of company pension schemes (bAV), for example in the event of divorce, Section […]
Artikel zum Thema: Return on investment
Investment fraud in the billions according to § 264 StGB
The Stuttgart public prosecutor’s office, white-collar crime division, evaluates the deception of investors by misleading yield information according to the internal rate of return method, also known as IRR yield, as an objective fact of investment fraud according to § 264 a StGB. The opinion was first published in February 2005. More and more investors […]
Interview with lawyer Johannes Fiala on current trends in the financial services sector
(epn) Mr. Fiala, we would like to start by introducing you to our readers. You have started your professional career as a banker at Bankhaus H.Aufhäuser. Afterwards you studied economics with a focus on financial services (Master of Business Administration, University of Wales) and law (lawyer for over 10 years). They sit on the examination […]
Immobilienpilot: “Leverage transactions
Chance of multiple profit – but also private bankruptcy risk ! (at the same time with reference to the new BGH ruling on consultant liability, V ZR 402/99) The original case: Dr. Peter Fleißig, a physician with a successful practice, 45 years old, one wife, two children, is informed by his financial […]
Life insurance coats from Liechtenstein: Tax evasion often included ?
– Avoiding the risks of the final withholding tax savings model – The truth is often brutal, the lie only when it is uncovered. Erhard Blanck. In order to circumvent the final withholding tax on investment income, ultimately to reduce the taxes, and for tax-free retention of the income, life insurance companies from Liechtenstein, […]
Reduction of liability and plausibility checks for investment advisors in closed-end fund offerings – Part 2
The investment adviser must fulfil his main duties. He cannot rely on the assessment of third parties. One will be able to trust an experienced investment advisor that he is able to carry out a plausibility check based on the basic investment criteria and specific extensions to the investment category. Plausibility is the estimation […]
Reduction of liability and plausibility check for investment advisors for closed-end fund offers – Part I
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 […]
Bank liability for investor damage or investor contribution to the subprime crisis
When selling, advising or brokering certificates and derivatives, special information is required to avoid liability towards investors. Credit institutions sold “guarantee” certificates and similar constructs to bank customers, for example the Lehman Brothers Bank, as a safe investment: numerous liability traps await bank and savings bank advisors. I. Consultant incompetence and conditions trap Certificates […]
Faulty real estate financing through deception of returns?
Investors bear risks of poor life insurance returns Time and again, investors have fallen for “non-binding yield forecasts” of life insurance policies – the broker and advertising material of some companies suggested dream yields of, for example, 12.9% or even 31.2% for British policies in particular. At times, clear warnings that such returns are not […]
Liability for real estate loans and equity financing with life insurance – banks, insurance companies and brokers are responsible for repayment
Life insurance policies for the repayment of construction loans The combination of several financial products (e.g. building loan and life insurance, real estate loan and building society contract) promises the investor additional income through possible interest rate differences or tax savings, and at the same time additional commission for the agent. However, it is not […]