Initiator support and controlling: Uninsured tax and legal advice ? Liability 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) The demarcation between business advisory and legal advisory activities is decisive for the question of what an initiator, a distributor and an intermediary may currently offer as a ?model or system? as their own or third […]

Occupational pension scheme: Social welfare is inevitable if there are design errors

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 ) Resourceful bAV company consultancies advertise a pension commitment check: ‘We would be happy to undertake the professional examination of pension commitments for you. In doing so, we also ensure that common deficiencies that occur […]

bAV: Insolvency protection through security deposit for the working time account

by Alfons-Maria Gracher, credit and surety broker (Trier), banker (www.buergschaft.com) and Johannes Fiala, lawyer (Munich), banker (www.fiala.de) Time value account and part-time work for older employees: The protection of credit balances from part-time work for older employees as well as time value accounts is a legal obligation of the employer, cf. § 8a ATG and […]

bAV: Pension insurance obligation for the GGF ?

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 judgement of the Federal Social Court: Before the Federal Social Court (BSG) a GGF with its management consultation GmbH lost: After the wording of the judgement reasons (Az. B 12 RA 1/04 R) also […]

bAV: Pension insurance obligation for the GGF ? Insolvency due to additional payment?

*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) Fictitious self-employment of a commercial agent ? the questions: Is there an unconditional obligation to comply with all instructions given by the principal? Is there an obligation to submit regular detailed reports at short intervals? […]

Statutory and company pension schemes: Pension insurance obligation of managing directors ? 800 billion for budget restructuring?

*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 judgement of the Federal Social Court (Bundessorzialgericht) Every managing director (Gf) who works “permanently and essentially” for an employer has been subject to compulsory pension insurance since 01.01.1999, § 2 I No. 9 SGB […]

Labour costs as a source of tax savings

Munich: At the beginning of this year, the business capital tax was finally abolished, but there are still considerable uncertainties in tax planning – for example with regard to 620-mark jobs and night work supplements. In the following article, attorney Johannes Fiala* describes how considerable savings are possible under current law, not only for craftsmen […]

You want our best? our money !

Private old-age provision is an existential issue of the present day: It will certainly stay that way as the government pulls back – social security benefits decline. The number of people receiving social assistance has been rising for years. Strokes of fate can also confront people unexpectedly with gaps in supply. These include, for example, […]