bAV: Time value account with CTA or pledge – The insolvency protection lie

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 ) 6th implementation channel of the occupational pension scheme: The time value account has been praised as the Egg of Columbus. Above all, the option of later conversion into an occupational pension scheme makes the […]

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: Pledge gap – No insolvency protection for widows ?

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 ) occupational pension commitment for widows and orphans: In its advertising for occupational pension schemes, the insurance industry claims that various implementation channels are protected against insolvency. This advertising is often, according to the new […]

Occupational pension schemes: Advice protocols and products put to the test

*by Peter F. Then, insurance broker (Veitshöchheim), lawyer (www.then-finanz.de) and Johannes Fiala, lawyer (Munich), banker (www.fiala.de ) The information problem: An agent writes ‘I personally have no problem with broker liability. I am largely responsible for my own actions. Only that I should take over the liability for the mistakes of my suppliers does not […]

occupational pension scheme: requirement of equal value ? void occupational pension brokerage?

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) bAV-Handelsblatt-Forum: Void conversion of remuneration Dr. Reinecke, chairman of the pension senate at the Federal Labour Court (BAG), has let the bombshell burst. Its core statement is that contracts for the implementation of occupational pension […]

occupational pension scheme: requirement of equal value ? void occupational pension brokerage?

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) bAV-Handelsblatt-Forum: Void conversion of remuneration Dr.Reinecke, chairman of the pension senate at the Federal Labour Court (BAG), has dropped the bombshell. His core statement is that contracts for the implementation of company pension schemes can […]

Forms and legal classification of leasing contracts II

0. Introduction Both real estate and movable assets (movables) can be considered as objects for financing through leasing. In the management of real estate there is always the acquisition of equipment, machinery, vehicles, for which the question of financing arises. This article gives an overview in its three parts and thus helps the house owner […]

Leverage transactions ; chance of multiple profit ? but also private bankruptcy risk! (at the same time with reference to the new BGH ruling on consultant liability, V ZR 402/99)

by Johannes Fiala, lawyer Leveraged transactions are in practice referred to by financial service providers as “savings annuity”, “savings annuity”, “lex annuity”, “interest rate differential transaction”, “loan-financed annuity”, “immediate annuity”, “leveraged annuity”, “guaranteed annuity”, “loan-financed life insurance”, “leveraged life insurance”, “fixed loan with redemption replacement”, “leveraged pool”, “loan-financed investment”, “fixed loan with repayment substitute”, “leveraged […]

Intermediary liability: bankruptcy due to incorrect investment advice

A must read for advisors, agents, brokers, employees of distribution companies, employees of insurance companies, partners and employees of credit institutions.   Intermediary liability: The early death of the investment advisor through bankruptcy due to incorrect investment advice!   New market development trends: The banking and investment scene is in a state of upheaval. The […]