Advantages of the English Limited (review)

“He who is late is punished by life” (Gorbachev). Liability trap – German GmbH: The German GmbH is often referred to as a “company with limited hopes”, and not only because about one in three start-ups fails after the first few years. Behind more than 35,000 corporate insolvencies over the years is the entrepreneurial experience […]

Review of Advantages of the English Limited

(epn) European company law: advantages of the English Limited (review) * *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 and Insurance Law (Univ. of Cooperative Education), Banker (www.fiala.de) “He who is late is punished by life” (Gorbachev). […]

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 […]

bAV: Facts & Fiction: Does Zillmerung mean safe employer liability ?

*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) and graduate mathematician Peter A. Schramm, actuary DAV (Diethardt), actuarial expert (www.pkv-gutachter.de). “The less people know how sausages and laws are made, the better they sleep.? (Otto Eduard […]

bAV: Liability traps with the time value account – Traps for the financial sales force

*by Johannes Fiala (Munich), attorney (www.fiala.de), and Peter A. Schramm (Diethardt), actuarial expert (www.pkv-gutachter.de) No company pension scheme This is not a way of implementing a company pension scheme. Rather, it is a matter of a “gross saving” by the employee, whereby an “incident” can occur at any time, which then triggers a payment as […]

Occupational pension schemes: Legal framework for fee-based advice*.

*by Johannes Fiala (Munich), Attorney at Law (www.fiala.de), and Peter A. Schramm (Diethardt), Actuarial Expert (www.pkv-gutachter.de). Why fee-based consulting in occupational pension schemes? In occupational pension schemes, including e.g. the working time account (ZWK), the employer is subject to numerous possibilities of liability. These include, for example, the “Zillmerungshaf-tung”, the “Ausfallhaftung” as well as the […]

Liability trap time value account

DSWR (Issue 4, 2006, pp. 98-100) *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) On the risks for finance , tax advisors and employers Time value accounts and the models of partial retirement are increasingly advertised by financial sales. The financial intermediaries are […]

bAV: Liability bomb instead of insolvency protection: working time account (ZWK)

by lawyer, banker Rüdiger Wilhem Lohkamp and lawyer, banker Johannes Fiala ? Law firm Fiala, Freiesleben & Weber ? RA, PA, StB & WP (Munich), www.fiala.de Plausibility check: mediator’s duty also at the customer’s front: The Federal Supreme Court clarified among other things in its judgement of 13.01.2000, NJW-RR 1993, 1114 that a mediator ?regardless […]

Social security ?

Experts estimate the number of managing partners and/or family members “wrongly” classified as liable for social security contributions at 1.5 to 1.8 million. It makes sense to obtain legally binding notices. The problem: Employees who are dependants of the employer may not be entitled to social security benefits (e.g. unemployment benefits) even though they have […]