– What information, education and advisory duties are imposed on employers? – The Regional Labour Court (Landesarbeitsgericht – LAG Hamm, judgement of 06.12.2017, file no. 4 Sa 852/17) decided that the employer (AG) is liable for damages if the advice on deferred compensation in company pension schemes (bAV) was incorrect. This was the case even […]
The Higher Regional Court of Cologne (OLG Köln, judgement of 02.09.2016, file no. 20 U 201/15) forbade a life insurer to charge Riester customers double acquisition costs – once costs with a maximum rate of 2.5 percent (previously 4.0 percent) of the premium volume spread over five years, and in addition further costs over the […]
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 […]
This is the title of a new book by finance and insurance expert Detlef Pohl. It is written for the 40+ and 50+ generations, and seeks an answer to the question What else can I do to live financially carefree in old age? As an introduction, the presentation of the statutory pension, as well as […]
The FLV-jacket as a highly interesting tool for asset structuring and optimization from a tax and inheritance planning perspective The advisor of private wealth clients should know the advantages of investing abroad. Of central importance are discretion, creative flexibility, as well as banking and insurance secrecy. Buzzwords: Income taxes Inheritance Taxes Withholding taxes individual […]
The “Adkura Cash” case: Once upon a time there was a U-Kasse in Ratingen, today you can only find the insolvency administrator on the Internet who handles this U-Kasse. The case went through the press, because the last official act of the owners of that U-Kasse was to transfer the U-Kasse assets to the Cayman […]
Financial product distributors are increasingly promoting working time accounts and the models of partial retirement. The financial intermediaries are mostly concerned with commissions: Few brokers are aware of the civil and criminal liability risks. A time value account is not an implementation method of the company pension scheme. Rather, it is a matter of a […]
– When a right to information does not exist, and no right to accounting – If a policyholder assumes that he/she is entitled to a higher valuation reserve on expiry of a capital-forming life insurance policy than that paid out by the insurer, he/she may have a claim for information against the insurer. The Federal […]
– Judgement of the Munich Regional Labour Court is legally binding – Appeal apparently withdrawn due to lack of prospects of success – Employer and intermediary are in a billion-euro liability – Employer collects first – and pays twice later The Regional Labor Court (Landesarbeitsgericht – LAG) Munich (ruling of March 15, 2007, file […]
– Why reinsured relief funds lead to employer liability – The Hamburg-based OVG provides in its Urt. v. 14.1.2010 (Case No. 4 Bf 22/08), the Federal Court of Justice made it clear that even in the case of reinsured provident funds (UK) to pension funds and direct insurance, there is an increased risk of […]
