For decades there has been the training as Financial-Planner (financial planner), Estate-Planner (succession planner) and for some years now as Generation Consultant with IHK certificate. Surely only the trainers will make money from this for the time being. At second glance, it is a guide to the violation of the Legal Services Act (RDG) and […]
Occupational pension provision: The imperative of equal value – void occupational pension provision?
bAV-Handelsblatt Forum: Invalidity of deferred compensation Dr.Reinecke, chairman of the pension senate at the Federal Labour Court (BAG), has dropped the bomb. Its core statement is that contracts for the implementation of occupational pension schemes can be (partially) null and void. Insurance intermediaries are surprised – have they been brokering ineffective contracts for years? The […]
Reduction of liability and plausibility check for investment advisors for closed-end fund offers – Part I
The liability risks of insurance brokers, investment brokers and consultants, but also of distributors and financial planners, differ depending on the customer (advice suitable for investors), capital investment (advice suitable for the property) or the risk involved (advice following property inspection and risk analysis). Obligation to disclose commissions – or reverse the transaction: This first […]
Mega-risk in pecuniary loss liability: the time-limited subsequent liability
What financial service providers need to pay attention to with regard to IBNR risk The impacts seem to be steadily approaching: More and more major losses are weighing on the claims statistics of financial services providers. The list ranges from K1-Fonds, Phoenix Kapital, to S&K, Infinus, as well as many other unnamed companies. As […]
The pecuniary loss liability of the insurance broker and other financial service providers
What benefits the policyholder can expect from the insurer Passive insurance The aim of the insurance cover is to keep the policyholder free from liability obligations (BGH NJW 1967, 2203). This will also include claims for injunctive relief and removal pursuant to Section 1004 of the German Civil Code, for example in the case of […]