Insolvency administrator can collect reinsurance of a pension commitment of the shareholder-managing director

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) Alleged insolvency protection: At sales training courses it is often claimed that occupational pension schemes are protected against insolvency. To this money ? In the event of the employer going bankrupt, for example, even an […]

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 […]

Liability issues in the tax saving and acquirer model

by Johannes Fiala, lawyer; Kristina Starck, lawyer; Klaus Werht, Dr rer pol Privatdozent at the Department of Economics at the University of Hamburg I. Typical situation The investor is regularly approached by a contact person with the aim of clarifying whether there is a general interest in saving taxes or in acquiring a property with […]

Reducing the tax burden Family & Co.

by Johannes Fiala, lawyer For income tax, church tax and the solidarity surcharge, children and other dependents are treated as independent taxpayers. Therefore, if the family is intact, a great deal of tax can be saved by structuring the tax system within a family. The starting point for the following considerations is the fact that […]

Reducing the tax burden Family & Co.

by RA Johannes FialaFor income tax, church tax and the solidarity surcharge, children and other dependents are treated as independent taxpayers. In the case of an intact family, a great deal of tax can therefore be saved by structuring measures within a family.the starting point for the following considerations is the fact that for every […]

Reconstruction of junk real estate: New ruling of the European Court of Justice allows for reversal of the transaction

RA Johannes Fiala Since the 90’s resourceful financial fraudsters promise their customers ?you get from the tax office a real estate given? To the Untermauerung immediately a sample calculation is put on, according to which the capital investor in the first year a chunk money of the tax office gets back. These computations have however […]

occupational pension schemes: occupational pension schemes in “unrecognised insolvent” companies

*by Johannes Fiala, lawyer (Munich), M.B.A. (Univ.Wales), (www.fiala.de) and Diplom-Kaufmann (Univ.) Edmund J. Ranosch, financial analyst (Wöllstadt) Over-indebtedness and occupational pension schemes: Pursuant to section 19 para. 2 InsO, over-indebtedness exists if the debtor’s assets do not cover the existing liabilities. The decisive factor is that this cannot be read directly from either the commercial […]

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? […]