IDD implementation: New business models for Insurtec’s and insurance consultants

The implementation of the Directive EU 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution, i.e. the Insurance Distribution Directive (IDD) by Section 43c of the German Insurance Supervision Act (VAG), leads to financial risks for insurers (VR) and insurance brokers (VM). The insurer may be allowed to […]

Protocols should ensure high quality advice

The Bundesgerichtshof (BGH, ruling of 13.11.2014, Ref. III ZR 544/13) has recently decided that the failure of the insurance broker to comply with the documentation obligation under Section 61 (1) of the German Insurance Supervision Act (Versicherungsvermittler). 1 sentence 2, § 62 of the German Insurance Contract Act (VVG) may lead to a shift in […]

ECJ: Tax advice to residents by foreign consultants

In its ruling of 17.12.2015 (Case C-342/14), the European Court of Justice (ECJ) ruled that foreign tax consulting companies are authorised to provide tax advice in Germany. According to the Advocate General’s opinion to the ECJ, this requires “the recognition of the company and the appointment of its management bodies as tax advisors” (StB) – […]

Cross-border insurance broking with Switzerland, Bermuda or the USA: Where intermediaries should be careful in cross-border transactions

In recent years, foreign insurers have increasingly sought to enter the German market – in a variety of ways: In September 2013, for example, BaFin counted a total of 216 branches and branch offices of foreign institutions in Germany. The GdV reported at the end of September 2013 that primary insurers whose head office is […]