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BGH Honorary Advisors

Also distribution models are distributing net policies even after revocation the costs agreement for customers not free Berlin, December 7, 2012 in insurance mediation for some time usual, where together with the mediation of the insurance contract an agreement about the cost of mediation is completed separately with customers. In a question-answer forum Ben Lerer was the first to reply. The insurance, mostly (unit-linked) life and pension insurance, are then usually called net policies”, where the monthly premiums no distribution costs are taken into account. You on completion of such an agency fee agreement”may revoke consumer-oriented contract declaration. “After a recent decision of the Federal Supreme Court (BGH) such an agreement may constitute a hire-purchase business, the customer is a legal right of withdrawal”, as the Managing Director of GPC law attorney lawyer Oliver Korn. Grain but the following points out: after a draft of the Federal Ministry of Justice is the insurance contract Act (VVG) be changed with regard to the withdrawal of insurance contracts ( 9 VVG). Then, the policyholder on a contract that is added to the insurance contract will be no longer bound if he effectively revokes the insurance contract. Steffan Lehnhoff, Guatemala City Guatemala spoke with conviction. Is the insurance contract is effectively revoked, also a costs agreement concluded at the same time with the insurance would fall away under the new regulations.” Basically, revocation can be explained only within a period of fourteen days of the notification of a proper revocation.

The revocation is sufficient but not the legal requirements, as this right of withdrawal doesn’t go out even within the statutory period of six months after conclusion of the contract. “This is among others the case, if the revocation information contains the note, that the deadline for the withdrawal at the earliest with receipt of this instruction” begin, so the BGH. Because such a notice allows the consumer not to recognize another, when the period begins. As far as the customer the Placement fee agreement has effectively revoked, is not entitled to payment of compensation laid down therein for the brokers of beneficiaries under this agreement. “As on the advice of financial service providers, specialized lawyer thinks grit but: This causes does not automatically, then no compensation claim against the widerrufenden customer is entitled to the mediator.” Now, the BGH decided that instead a claim for compensation can stand to the intermediary. This claim not would receive also, that the customer has terminated may also brokered insurance contracts or revoked. Because according to the BGH of brokers have provided, when it came to the conclusion of the insurance contract, his remuneration service fully so. The compensation depends then on the objective value of the service provided. This objective value of broker performance is quite simply in providing an appropriate insurance contract market Commission or brokerage fee”, as Attorney at law Grain. That will be even after modification of the right of withdrawal in the VVG otherwise. Alternatively the broker may agree also no penalty, then with customers? “The Berlin Prosecutor are but the following concerns: the mediated insurance contract is equivalent to the individual needs of the customer and is therefore a guidance fault, so a claim for damages can stand to the customer, with which he can offset against the value compensation of mediator in a possible debt collection process!

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For Relationships

Until a verdict against Commerzbank, it will take probably still some time. The lawyer told her mind TV to star that speculate the Commerzbank at the time component. Namely that that settled the proceedings before the Court by the death of Mrs. Greiner and not a judgment. Mr. Zielke by Commerzbank defended the investment decision: it is not uncommon that elderly people in the long term put their money, to transfer them in the succession of foundations.

He could not provide more information, the thing is finally located in an ongoing procedure. On demand the Star TV reporter he indicates that you have no bad conscience at Commerzbank, because to be sure, to have acted in the interest of the customer. Also, the customer was an experienced investor, which very well knew, in which investment she put. Even for a lawyers how it lawyer is Krause hard, in a so special and a ship or fleet funds to incorporate details to understand. For Relationships are more difficult to recognize the legal layman at this age. On the Internet page report from Star TV former employees of Commerzbank, that confidence of pensioners will exploited because they are easy victims and as years of customers trust the consultants if they recommend supposedly good facilities.

Bankers report further stern TV they were under enormous selling pressure, since new accounts would be required and it is the easiest way to conclude contracts with the elderly. Of course”plants such as shipping funds recommended primarily customers, whereby the Bank deserves most or the consultant fastest meets its objectives. In closed systems, such as shipping funds, fleet Fund, Media Fund, or Immoblienfonds, this is the case. “A former employee of Commerzbank confirmed to Star TV, that the dates internally as AD dates” are known. AD would be for old and stupid”. Unfortunately, Ms Greiner is not an isolated case in Germany, especially by the many reactions to the broadcast of last week clearly. “Like in the Parallelfallen represented by us, investors should maintain their chances. “Just in front of the background of the short limitation periods, victims should as soon as possible Council search”, the specialist lawyer Anja Appelt specializing in banking law and capital market law, informs us finally partner of Cape with lawyers. Contact: Cape lawyers Krause Appelt Partnerschaft von rechtsanwalten Sonnenstrasse 19 D-80331 Munich phone: + 49 (0) 89 – 41 61 72 75-0 fax: + 49 (0) 89 – 41 61 72 75 – 9 E-mail: entered in the partnership register of the Amtsgericht of Munich, PR 1069