*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 Law (Univ. of Cooperative Education), Banker (www.fiala.de) Who does not know them, the so-called leverage models – an instrument to multiply the sales commission: The customer invests in an […]
Artikel zum Thema: Damages
Occupational pension schemes: U-funds without insolvency protection, up to 25 billion euros employer liability
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) The case ?XXX U-Kasse?: Once upon a time there was a U-Kasse in Ratingen, today you can only find the insolvency administrator on the Internet who is winding up this U-Kasse. The case went through […]
occupational pension scheme – going the whole hog
Many companies offer company pensions that are too costly and offer low returns. As a result, employees lose a lot of money. Now they can claim damages from their boss. For whom the lawsuit is worthwhile. KöLNER Pensionskasse Sales Information No. 45 (28 June 2006)
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 […]
bAV: Company pension – compensation for employees
The following text reproduces the television report of the programme plus minus from 19.09.2006: In order to strengthen private old-age provision, an employee’s right to deferred compensation was enshrined in law in 2001 in the case of occupational pension provision (Section 1 a of the Occupational Pensions Act). In addition, such payments receive tax and […]
bAV: Details on insolvency protection gaps in pension commitments
By Johannes Fiala, lawyer, and Andreas Michael Bosl, corporate consultant for occupational pension schemes Distribution approach of the pension commitment Your pension commitment is safe: Either it is pledged to a GGF ‘bomb-proof’ or the PSVaG steps in”. But this idea is far removed from the reality of practical GmbH insolvency cases in medium-sized companies. […]
Company pension schemes, social security clearing, tax saving schemes: Liability brake by checking the permissibility of tax and legal advice !
Es ist verrückt, die Dinge immer gleich zu machen und dabei auf andere Ergebnisse zu hoffen. (Albert Einstein) In den letzten Jahren haben der Bundesgerichtshof (BGH) und das Bundesverfassungsgericht (BVerfG) die Rechtsberatung massiv liberalisiert. Der Gesetzgeber plant weitere Erleichterungen auf Wunsch der Wirtschaft, durch das neue Rechtsdienstleistungsgesetz (RDG). Für Finanzdienstleister ergeben sich dadurch neue Märkte: […]
BGH strengthens rights of home buyers
by Johannes Fiala, lawyer The Federal Court of Justice (BGH) has strengthened the rights of condominium owners who have concluded the purchase of their property and the associated loan agreement in a “doorstep situation” (XI ZR 91/99). According to the ruling, homebuyers can revoke their loan indefinitely if they were not properly informed of their […]
Consultant liable: creditworthiness not checked and about it not
The case: The BFI bank is broke. But this was already foreseeable in the industry as a rumor. “The interest rate offered by the bank was so above the capital market that insiders said long before”. They need money so badly they’ll bid almost any interest rate. Verdict: The Higher Regional Court of Thuringia, […]
Annoyance of the insurance intermediary: insurer rejects a customer
An insurance agent gets annoyed when “his” insurance company rejects a client’s application. A lot of work – no commission. Then the question of compulsory acceptance / compulsory contracting arises – can the intermediary or the customer force the insurer to accept the application? Principle: A compulsion to conclude a contract can always be assumed […]