Initiator monitoring and controlling: sales companies and training managers in personal liability for incorrect training of financial intermediaries and financial advisors

The difference between the right word and the almost right word is the same as between a flash of lightning and a firefly (Mark Twain, US storyteller and satirist, 1835 – 1910).   Since many training courses of product providers and/or distributors are based on legal statements whose contents were not checked in advance, the […]

Initiatoren-Begleitung und Controlling: Lack of BaFin approval with punishment ? Reversal trap in distribution law

*by Johannes Fiala, lawyer (Munich), MBA Financial Services (Univ.Wales), MM (Univ.), certified financial and investment advisor (A.F.A.), banker (www.fiala.de) For initiators and distributors it is of crucial importance that all necessary permits are available ? including audited prospectuses. However, there are always initiators who are badly advised or not advised at all. So it comes […]

Intermediary and sales coaching for closed investments: BaFin prospectus up-to-dateness and prospectus liability of insurance companies

*by Johannes Fiala, Lawyer (Munich), MBA Financial Services (Univ.Wales), MM (Univ.), Certified Financial and Investment Advisor (A.F.A.), EC Expert (C.I.F.E.), Lecturer (Univ. of Cooperative Education), Banker (www.fiala.de) He who knows nothing must believe everything.” (Marie von Ebner-Eschenbach) For the financial service provider, the BGH stipulated in its ruling of 13.01.2000 (Ref. III ZR 62/99) that […]

What are acquisition brokerage, investment advice, financial portfolio management, financial planning, investment brokerage and prospectus liability?

Investment brokerage: Investment brokerage (also called acquisition brokerage, especially in the insurance sector) is the pure brokering of a third party’s investment (no products created by the client). What is owed is the provision of information and the execution of the mediation, but no advice. The investor has a limited expectation here, because he only […]

occupational pension scheme: Despite ?insolvency protection? ? GGF liable and loses its entire pension commitment*

*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 financial manager Erhard Straub refers to his very good experience with DCM Deutsche betriebliche Altersvorsorge AG: In his opinion, the intermediary should also point out in the cooperation with StB, RA and WP that […]

Intermediary liability: examination and archiving of documents

*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) Commentary on the “expert check The expert check is a formal check. This means that the adviser and/or intermediary is also obliged in any case to check an investment concept at least for plausibility ? for example on economic […]

Broker liability: Do UK insurers also bill correctly ?

By Dipl.-Math. Peter Schramm, Actuary DAV, actuarial expert publicly appointed and sworn by the IHK Frankfurt am Main for actuarial mathematics in private health insurance and Johannes Fiala Lawyer, Master of Business Administration, Master of Mediation, Banker (IHK) Certified Financial and Investment Advisor (A.F.A.), www.fiala.de Liability for crashed profit participation? The weakness of the capital […]

Serial damage in intermediary liability

by Johannes Fiala Insurance gap The experienced insurance broker will point out two common coverage gaps in the VSH conditions to his VSH client: On the one hand, the lack of coverage if the insured, in particular, “knowingly violates an order, instruction, resolution, power of attorney, or in any other way”. This can be mitigated […]

Insurance law: Fax cannot replace statutory written form*.

*by Johannes Fiala, lawyer (Munich), MBA Financial Services (Univ.Wales), MM (Univ.), certified financial and investment advisor (A.F.A.), banker (www.fiala.de) The claim: A policyholder had been a proud yacht owner until a loss occurred: a fire had damaged the vessel. The refusal of the benefit: The insurer later informed the policyholder that it was refusing to […]