*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 […]
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 […]
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)
? 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 […]
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 […]
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. […]
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: […]
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 […]
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, […]
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 […]
