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Citing Obligations

Posted by Sylia on

Obligations protection does not apply following refusal of performance Munich August 2013: usually results in a breach of the policyholder, the insurer in the event of a claim being free performance, explains Auer Witte Thiel. Rejected the insurance to the performance but also an appeal to the obligations is no longer possible. Auer Witte Thiel informs about a corresponding judgment of the Federal Court. The plaintiff was a policyholder who wanted to win the power transfer for Frost breakage by his homeowners insurance. These were built as a result of heating failure.

The building owner was told the insurance, to have been around the time of the failure on the ground to be, but nothing by a heating failure notice. The insurance accused him, the vacant building not sufficiently heated, nor drained the water pipes. Thus, he violated the contractually agreed obligations, leading to a termination by the insurer. More The case, Auer Witte Thiel provides information under available. Then asked the policyholders his insurance lawyer letter to review the facts of the case and now suddenly stated that his wife had last been in the building. Although the heating as we know it no longer worked on said date, it was still warm at this time. The fraudulent deception attempt is recognized by the insurance, which indicated to clarify still further inquiries for the editing.

Because she mailed on the same day but also the confirmation of the cancellation and refund of the overpaid premiums, she forfeited the right to be able to rely on the breach. So the BHG decided the plaintiff in the lower courts had failed. Auer Witte Thiel: Who fraudulently deceives loses entitlement normally, Auer Witte Thiel, any claim for payment is forfeited with a malicious deception. As she only came after the termination, she don’t have one according to the BGH More importance. Because the protection of contractual obligations applies only as long as is the insurance audit – and negotiate. The freedom of services due to fraudulent ends with the rejection of the performance (German Federal Supreme Court, ruling of 13 March 2013 IV ZR 110/11). But there is a way to, rely on the breach, explains Auer Witte Thiel: namely, by the insurance their clients clearly indicates that she then wants to rejoin in the substantive examination. About the law firm Auer Witte Thiel, the specialization areas of focus and the development of core competencies in certain disciplines are indispensable in the legal services sector.

News

Exclusive Event Location

Posted by Sylia on

A networking event for top-class partners and friends of the BONOFA experienced on October 19 in Saarbrucken. We are a part of something very big,”all guests are likely to have approved probably this statement, could participate in the exclusive and long-awaited mega-event of the BONOFA AG on October 19 in Saarbrucken, Germany. More than 350 business partners, friends and marketing professionals from around the world followed the invitation of the BONOFA and they all experienced together with the founders of the BONOFA an unforgettable day with top-class live presentations, show acts, and ideal opportunities for networking with business partners and BONOFA enthusiasts from several continents. Already in the morning at 10:00 the started event officially with a day of open door in Saarbrucken. Especially the guests from Great Britain, Ireland, the Netherlands or fledgling BONOFA Nations, such as Trinidad had the chance not to be missed, finally once personally to meet the entire team of BONOFA.

Thomas Kulla and Martin Bohm welcomed all incoming Visitors welcome and led by the modern offices and premises in the city of Saarbrucken. Names were”faces, one of the international partners commented the meeting with the two BONOFA managers. A very special location Detlef Tilgenkamp and Thomas Kulla had chosen for the main part of the event: the historical event Hall Alte Schmelz in St. Ingbert. Befitting the business partners and guests of BONOFA to the Eventstandort were driven to learn all about the plans and future projects relating to cube7 and BONOFA in the elegant foyer and Hall of the CEOs.

On the spot also present: Sales and marketing expert Christian Goebel, confidently ran through the official part of the event, the internationally renowned motivational guru and bestselling author Kalpesh Patel from England, as well as marketing professionals Bodhi van Tongeren and Frankie Lawler. Spectacular show acts ensured that all guests were entertained well: including a fire and light show, as well as an acrobatic performance heated up the guests. Refreshments provided BONOFA with a rich buffet offering guests diverse specialities from the region and other culinary highlights. In a relaxed mood, celebrated the team BONOFA and the international guests until the early hours of the morning and turned the night into the day. “His conclusion also Thomas Kulla was more than satisfied with the entire event: the glow in her eyes is for us the confirmation that all involved with the appearance of the BONOFA were highly satisfied.” Many photos from the event and learn more about the BONOFA AG: sales professional Christian Goebel (2.v.l.) conducted the event.

News

Withholding Tax

Posted by Sylia on

If 2009, the withholding tax is imposed on capital gains, is the capital before a fundamental change. The elimination of speculation and half-income limit and their replacement with a flat-rate withholding tax on any capital gains means that the after-tax return on investments a much greater importance given than previously customary. For now, investors had capital gains tax only if he had sold the securities within the holding period of 12 months. This is obsolete with the introduction of withholding tax, with which then all profits made from investments, whether interest, capital gains or dividend income is at a flat rate (either 25% or 30% currently under discussion) will be taxed. Thus, from this point of interesting products with downstream taxation. Further downstream in this case means that it is not taxed during the accumulation phase, the gains are incurred. This works as a Riester Fondssparplan and is based simply on theFact that during the accumulation phase of such a product no disbursements are made to the investor, which allows taxation of accrued gains. But even in the payout phase of such a fund savings plan, the withholding tax does not apply, but the investor must pay taxes related to a Riester pension product, with its personal tax rate under the income tax return. Fail no matter how high the tax rate in future, depending on the duration of the accumulation phase of the investors achieved virtually a tax deferral of several decades and during that time can get optimum benefit from the compounding effect of its investment. The same of course also works with a bank savings plan or a Riester Riester pension insurance. Investors who need to invest in “normal” forms of investment such as stocks or bonds, however, all achieved gains tax when selling directly to the relevant securities. These banks and brokers are virtually as the tax collection offices used by the appropriate percentage of the profits madeequal to withhold and pay over the tax office. If an investor a lower tax rate than that paid 25 or 30%, he can have the excess tax refund as part of its income tax return. Investors with a higher tax rate, however benefit from the flat tax because they pay the withholding tax with a lower tax rate than if they would be subject to their personal income tax rate.