SPECIAL CONSULTING AREAS
Insurance & Sales
Our experts are specialized in insurance and investment funds procurement. We have both relevant knowledge of the insurance law and also specific knowledge of the law of insurance, funds and capital procurement, as well as expertise in the field of investment law. Through an interdisciplinary collaboration with our tax consultants and auditors, we are also able to optimally represent the legal, fiscal and economic interests of the client in the specific area of sales law, taking into consideration for instance the issue of the value-added tax in the area of the so-called overhead or differential fees.
In the above indicated areas of law we provide advice in particular to insurance companies, brokers pools, broker networks, as well as to exclusive distributors and organizations. In addition we provide comprehensive support to brokers and agents, multiple agents and exclusive representatives.
We assist the clients from the business foundation, the establishment in the market to its corporate alignment. In this setting, we assume the design and examination of different sales contracts, the ongoing advisory support regarding all sales legal matters, out of court and judicial representation in disputes as well as the implementation of integrated distribution systems.
Our range of services in the area "Insurance & Sales" includes:
- Design and examination of cooperation agreements with agents/brokers, multiple agents and exclusive representatives as well as the drafting of contracts for employed agents
- Preparation and drafting of initial information, consulting documentation, brokerage and agency powers of procuration, data privacy statements, brokerage agreements, etc.
- Design and examination of commission arrangements with insurance and investment companies
- Advisory regarding existing brokerage commitments with insurance companies and cooperation agreements with brokers, agents or representatives with single and multiple agents, etc., and regarding the problems arising out of commission/compensation claims, termination, breach of the exclusivity, etc.
- Out of court legal advisory and settlement of disputes in connection with the termination of agency agreements, such as recovery of commissions from canceled contracts, defense or enforcement of a compensation claim, demand and defense of claims for an agent’s book excerpt, etc.
- Defense andenforcement of liability claims due to incorrect advice on the procurement of insurance, funds, etc. ("intermediary liability")
- Extra-judicial advisory services and legal settlement of infringements of competition laws by competitors or intermediaries
In case of claims arising out of or in connection with capital investments please faithfully contact Dr. Konrad Kern, attorney and certified lawyer for Banking & Finance and his competence team for Banking & Finance, Private Equity, Venture Capital and Fonds.
Contact:
- Dr. Rudolf Rupprecht - RA, Solicitor (England & Wales)
- Lutz Harbig - RA, FAVersR (of Counsel)