– OLG Naumburg: Consultants are liable for losses and incorrect advice – Insolvency administrator draws company and private pension provision completely an investment broker and insurance brokers are happy to advertise company and private pension provision for entrepreneurs as “seizure-proof and insolvency-proof”. However, this is not the case, as a recent ruling by the […]
Due to the low interest rates on the capital markets, it will in many cases no longer be possible to achieve positive real returns in the traditional external implementation channels of occupational pension schemes (bAV) in accordance with the German Company Pensions Act (BetrAVG). Thank God there are viable alternatives. In the case of tax-subsidised […]
– Opportunities for employers and employees to optimize pension provision – Due to the low interest rates on the capital markets, it will in many cases no longer be possible to achieve positive real returns in the traditional external implementation channels of occupational pension schemes in accordance with the German Company Pensions Act (BetrAVG). […]
It has already been decided in rulings by the Düsseldorf Higher Regional Court of 2 July 2008 (reference 7 O 212/06) and 11 December 2007 (reference I-4 U 205/06) that managing directors and other employees have no claim against the insolvency administrator of the provident fund for surrender of the life insurance policy taken out […]
Additional costs and liability risks for employers – principle of “internal division” distributes opportunities and risks between spouses Until now, pension entitlements have been calculated using “error-prone forecasts” and often with “value distortions via the present value ordinance”, made comparable with statutory pension insurance entitlements and then the difference in value of all entitlements acquired […]
OLG Naumburg: Advisors are liable for losses and faulty advice Investment brokers and insurance brokers like to advertise company and private pension schemes for entrepreneurs as “seizure-proof and insolvency-proof”. However, this is not the case, as a recent ruling by the OLG Naumburg (Case No. 1 U 74/07) of 17 January 2008 shows. The case […]
