*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 […]
*by Johannes Fiala, lawyer (Munich), M.B.A. (Univ.Wales), M.M. (Univ.), certified financial and investment advisor (A.F.A.), banker (www.fiala.de) Financial service providers with experience in advising on occupational pension schemes report that most occupational pension schemes are designed or implemented incorrectly. When the child has fallen into the well, the question of responsibility arises. Liability for incorrect […]
*by Johannes Fiala, lawyer (Munich), M.B.A. (Univ.Wales), M.M. (Univ.), certified financial and investment advisor (A.F.A.), banker (www.fiala.de) Financial service providers with experience in advising on occupational pension schemes report that most occupational pension schemes are designed or implemented incorrectly. When the child has fallen into the well, the question of responsibility arises. Liability for incorrect […]
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 Florian Nolte, Assessor iur. (nolte-florian@web.de) and Johannes Fiala, Attorney at Law (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 ) Preface This case, dear reader, is not real: similarities with (still?) living persons and GmbH�s, also of the contemporary history, are purely coincidental and not intended. […]
*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 […]
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 […]
Rudolf Becker and Johannes Fiala More than ever, every German citizen is responsible for his or her own retirement provision. The benefits provided by the statutory pension are no longer nearly sufficient to maintain the accustomed standard of living in retirement. Even the Retirement Assets Act (AVmG) passed on 11.05.2001 is only an inadequate way […]
Johannes Fiala, lawyer (Munich), Andreas Michael Bosl, management consultant bAV (Pöcking). At sales training courses it is often claimed that company pension schemes are protected against insolvency. Even an insolvency administrator cannot access this money – in particular the reinsurance – if, for example, the employer goes bankrupt. This 1, is however simply wrong, as […]
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: […]
