The IRR yield is based on an unrealistic calculation method. Bank advisors who do not inform their clients about this risk not only claims for damages. In the worst case, a reversal may occur. A guest article by Dr. Johannes Fiala and Edmund Ranosch. In a recent judgement of the LG Munich II (Az.: 9B […]
Artikel zum Thema: Scheinrendite
Return knowledge for lawyers
Among lawyers, the old adage still applies: “iudex non calculat”. But a few days ago, an article1 appeared in the business section of the FAZ, which, due to the headline, did not reveal the explosive nature of the author’s comments on the subject of yields. In everyday life we often use terms about whose meaning […]
Sales risk: Closed-end investments with trust structures
*by 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 (Univ. of Cooperative Education), Banker (www.fiala.de) “Most transportation taxes, including sales taxes, have no deeper purpose than to bring money to the state.” Federal Fiscal Court (BFH), in: BStBl 1973, p.96 From […]
IRR return method: reinvestment premise and liability risks
Investment advice for closed-end funds using the IRR return method as the key return indicator. I. IRR advice by the bank and triggering liability reasons In one of the most recent judgements of the LG Munich, a bank was sentenced to pay damages because a bank director had, among other things, used the IRR […]
Closed-end investments with trustee structures
*by 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 (Univ. of Cooperative Education), Banker (www.fiala.de) “Most transportation taxes, including sales taxes, have no deeper purpose than to bring money to the state.” Federal Fiscal Court (BFH), in: BStBl 1973, p.96 From […]
Sales risk: Closed-end investments with trust structures
“Most transportation taxes, including sales taxes, have no deeper purpose than to bring money to the state.” Federal Fiscal Court (BFH), in: BStBl 1973, p.96 From an initiator’s point of view, the involvement of a trustee offers considerable advantages, for example in the case of KG investments. The effort for the “register publicity” of the […]
Income tax for bogus return in Phoenix case ?
The case “Phoenix” calls the tax office on the plan, the investors have first of all lost their deposits in the investment model. Now there is also the threat of taxation on funds that have never been returned to the investors. A commentator of “FONDS professionell” reminds of another case in which funds were not […]