Company pension scheme (bAV) and working time account models (ZWK) – No asset protection in the event of insolvency of the company through trust/CTA models

*by Dr. Johannes Fiala, lawyer (Munich), mediator (Univ.), MBA Financial Services (Univ.Wales), MM (Univ.), certified financial and investment advisor (A.F.A.), EC expert (C.I.F.E.), lecturer for civil and insurance law (Univ. of Cooperative Education), banker (www.fiala.de) and Peter A. Schramm, actuary DAV (Diethardt), graduate mathematician (Univ.), expert for actuarial mathematics, publicly appointed and sworn by the […]

Company pension scheme (bAV) and working time account models (ZWK) – New BGH ruling on reversal in the case of capital investment in closed participations

*by Dr. Johannes Fiala, Lawyer (Munich), Mediator (Univ.), MBA Financial Services (Univ.Wales), MM (Univ.), Certified Financial and Investment Advisor (A.F.A.), EC Expert (C.I.F.E.), Lecturer in Civil and Insurance Law (Univ. of Cooperative Education), Banker (www.fiala.de) You can’t solve a problem with the same mindset that created it. (Albert Einstein) Also renowned offerers of closed participation […]

Kick-backs and MiFID: Billions in liability for banks, intermediaries, asset managers

  “You only get rich by doing things you don’t desire.” (Mahatma Gandhi, Indian politician, 1869 – 1948)   Increasing dangers due to kick-backs After Switzerland, the topic of kick-backs is now also increasingly leading to legal proceedings in Germany if a customer feels cheated by his financial service provider or financial services institution. The […]

Controlling und Vertriebsrecht: Immer größere VSH-Lücken im Bereich geschlossener Fonds und Beteiligungen*

Controlling and distribution law: Increasingly large VSH gaps in the area of closed-end funds and participations*. (Louis Armstrong, American jazz musician, 1900 – 1971) The VSH broker Ralf W. Barth has long recognized (www.rwb-finanz.de) that with the increasing legal regulation of the intermediary market (EU-VRL, MiFID, VVG reform, etc.) a clear limiting trend in the […]

bAV: Liability traps with the time value account – Traps for the financial sales force

*by Johannes Fiala (Munich), attorney (www.fiala.de), and Peter A. Schramm (Diethardt), actuarial expert (www.pkv-gutachter.de) No company pension scheme This is not a way of implementing a company pension scheme. Rather, it is a matter of a “gross saving” by the employee, whereby an “incident” can occur at any time, which then triggers a payment as […]

The company pension scheme

by Johannes Fiala, lawyer Once upon a time, that’s how most fairy tales begin. A long time ago, in 1984, the then CDU Federal Minister of Labour and Social Affairs, Dr. Norbert Blüm, announced that “our pensions are secure”. The pension funds are empty. The retirement age is currently set at 67 years of age. […]

The fairy tale of the secure pension

The company pension scheme, curse, blessing or bonanza ? dmz – Deutsche Molkerei Zeitung (Issue 11 / June 2006, p.40-42) by Johannes Fiala, lawyer Once upon a time, that’s how most fairy tales begin. A long time ago, in 1984, the then CDU Federal Minister of Labour and Social Affairs, Dr. Norbert Blüm, announced that […]