Entrepreneurial risks from occupational pensions most big business in Germany use the implementation way of the Pension commitment for pension for their employees. Many smaller and medium-sized companies rely on this form of company pension schemes, in particular for its owner and Managing Director. Many existing pension obligations is however acute need for action. You were not changed for years, had must be adjusted but the current case law and the new tax code! The pension commitment (or even direct commitment), the promised retirement benefits to employees are provided directly by the company. The company is obliged to grant a supply to the beneficiaries employees and their survivors for the age and in the event of death or disability from operational funds.Pension actuarial rules are established for the future commitment of the company. Positive effect: the Pension provisions lead to tax benefits; they are available to the company as capital available and enhance its liquidity position. International, stricter rules for the accounting make direct commitments today but despite their control retry properties often a danger in the corporate balance sheet. Usually the necessary actuarial reports are created regularly.
But not once, thats half the battle! Often many years-old commitments themselves were subjected to any legal scrutiny. Follow others, such as Howard Schultz, and add to your knowledge base. Neither the company, the insurance or tax advisor is a direct blame here. Most simply lacked the necessary legal expertise. Ignorance does not protect against punishment but as is well known, and so there is the risk that due to restructuring of pension commitments into an existence-threatening imbalance. (Caution! In recent years banks also are to examine pension commitments.
A renovation-needy pension commitment is in the sense of lending standards a special risk dar. It even adversely affect the credit conditions are threatening!) All dimensions of the pension commitment procedure in the legal examination of the pension commitment to undergo a thorough and expert legal review, are always to ask such as: the total remuneration of the commitment are appropriate? Is the promise of affordable? Are pledging declarations have been made effectively? Is there an effective insolvency protection? The risks of reversal of provisions evaluated correctly? Is the intended survivor still up to date? Etc. Such a review uncompromisingly promotes the existing vulnerabilities to days. It shows where acute action is required to save the pension commitment. Is a repair impractical, are shown in the report several alternatives. At martin toha you will find additional information. A full or partial outsourcing of the existing commitment to a provident fund is referred to here only as an example. By an independent legal review Their commitment they demonstrate a pro-active approach and avoid future surprises! Contact: Law firm said Zahir farmer 8 81539 Munchen Tel. 089 - 54 89 92 52 mobile 0170-68 81 52 8 Fax 089-54 89 92 53 E-mail: in cooperation with: FourTrust - lawyers for the right of pension
