Saturday, September 28, 2019
Accomplishment Report
Commercial property valuation requires a more complex method, taking into account the income potential of the property, historical revenue, cash flow with owner perks removed and much more. b. Residential Properties type of property is by far the most popular with both new and experienced agents. Real estate agents then further specialize in types of homes, including condominiums, separate homes, duplexes, high value homes, vacations homes, etc. c. Industrial Land situated in areas that are exclusively reserved and used for industrial purpose. 2. Land Improvement 3. Chattel is a term in the world which refers to personal property which can be moved; it is also known as movable property. Some examples of chattel include jewelry, cars, and furniture. Some people just call chattel ââ¬Å"personal property,â⬠differentiating it from things like real estate with the term ââ¬Å"immovable property. â⬠Assessors also look at building value under the cost analysis method, but only in terms of how much it cost to construct them. The corporation determines, at the outset of incorporating, how many shares it shall issue and what classes of shares (No Par, Par, Common, Preferred, Participating, tc. ) it will issue. Valuation Procedures 1. Cost Approach ââ¬â valuation method is based on the principle that no prudent purchaser will pay more than what it cost him to acquire an equally desirable substitute site and to build a similar improvement of equal desirability and utility. 2. Income Approach ââ¬â based on the principle that value tends to be set by the present worth of the right to future net benefits that may be derived from ownership. Important Document that an Appraiser should be able to look and verify: a. Sales invoice b. Letter of credit c. Deed of assignment CHAPTER 11 SHARES OF STOCKS AS COLLATERAL Capital stock has to do with all the shares of stock that represent the ownership of a given company. The exact number of shares that can be issued in the way of capital stock is normally recorded in the current balance sheet for a company. Capital stock will involve all types or classes of stock that the company is authorized to issue. The basis for issuing capital stock is normally outlined in the charter of the corporation. Common stock is stock in a company which comes with voting rights and an opportunity to share in the profits of the company. This type of stock is commonly issued by companiesââ¬â¢ making offerings of stock and is a popular choice for people interested in buying and selling stocks. Prices for common stock vary depending on market pressures. Stock exchanges offer opportunities for people to buy, sell, and trade common stock with each other and with brokers. This type of stock should be contrasted with preferred stock, another type of stock which works slightly differently. Preferred stock offers several advantages over common stock. The first advantage is a fixed dividend, which generates more reliable returns than common stock; although it also means that the stockholder can miss out when large profits are made because the dividend will not be adjusted. Preferred stock, also known as non-participating preferred stock, is a type of stock that pays the investor a specific dividend only. In addition, in the event of a bankruptcy, preferred stockholders are ahead of holders of common stock, as are creditors, lien holders, and so forth. There are some advantages to holding common stock. Voting rights can be important because they allow people to vote on members of the board of directors, policy, and stock splits, which gives them a role in the governance of the company. Convertible preferred stock is a type of preferred stock that has the option of being converted into common shares issued by the same company. One of the less commonly employed approaches of issuing shares of stock. Participating preferred stock dividends are usually a fixed percentage of the par value of the stock. Participating preferred stock owners usually do not have any voting rights at stockholder meetings. Owners of common stock do have voting rights Cumulative participating preferred stock can accrue dividends that will be paid to the investor once the companyââ¬â¢s performance improves. In finance, par value is the least amount that a share of stock can be sold for, according to the terms and conditions that are found in the regulations of the issuing company. CHAPTER 12 LAND AS COLLATERAL Collateral is borrowing funds often requires the designation of collateral on the part of the recipient of the loan. Collateral is simply assets that have been pledged by the recipient as security on the value of the loan. In the event that circumstances make it impossible for the recipient to repay the loan, ownership of the collateral is transferred to the entity that issued the loan in order to settle the debt. Function of Land it provides ââ¬Å"standing roomâ⬠. In spite of the fact man has learned to fly, and to dive under the surface of the water in submersible ships, we are still bound pretty close to the surface of the earth. Modes of acquiring title: . Public grant ââ¬â acquisition of public land of homestead patent, sales patent and miscellaneous patent. 2. Private grant ââ¬â voluntary transfer or conveyances as deed of sale, donation, exchange or assignment. 3. Involuntary grant ââ¬â acquisition against consent of former owner, such as foreclosure or sale. 4. Inheritance ââ¬â acceptance of hereditary succession. 5. Reclamation ââ¬â filling of submerged land subj ect to government regulation and existing laws. 6. Accretion ââ¬â more lands adjoining banks or rivers due to gradual deposit of soil. 7. Prescription ââ¬â title by actual, open continuous and uninterrupted possession for a period of time under claim of title. Zonal valuation Different approaches to valuation of properties have been introduced in this country. In the case of land, not only it its price dictated by the interplay of supply and demand but moreover by the concept of zonal valuation instituted by the government. Government agencies like the Office of the Register of Deeds under the Department of Justice. IMPORTANT FACTORS IN OWNERSHIPPEACE AND ORDER The prevailing peace and order affects the value of the land. Today, a number of areas in the country are infested by the presence of bandits and other lawless elements like the NPAs for instance. They are known to have been exacting be so-called ââ¬Å"revolutionary taxâ⬠on business establishment in such areas. Such deplorable conditions inhibit buyers from any interest. In buying such land or even in locating their business establishments. CHAPTER13 COLLECTION POLICIES AND PROCEDURES Collections are a part of a process in the accounts receivable or billing department. It means that, at some point in time, a company xtended to another company or an individual credit terms for goods or services, or a cash loan advance of some kind that was to be paid or repaid at a certain time. If that bill is not paid when it is due, or within an agreed upon grace period, the collection process begins. Collection procedures usually consist of a set of in-house company policies that are written in a manual or guidebook of some kind, though smaller compan ies may not have a manual. Usually, law firms that engage in collection practices will have manuals and training classes for their employees before they make their first collection call to a debtor. Most of the time, large corporations and small companies have a collection manager or collection department that will go through certain housekeeping procedures before an unpaid debt is turned over to a lawyer. Laws and Regulations The laws that cover collection policies and procedures are mandated by federal and state governments. On the federal level, the Federal Trade Commission regulates what is called the Fair Debt Collection Practices Act (FDCPA). In the case of a conflict between state and federal law, federal law prevails. Those who extend credit to others should be aware of the legal rules about how to collect money that is past due, particularly as those rules apply to bankruptcy. A collection policy is a set of business practices and procedures that outline the way a company goes about collecting money owed to it as a result of an extension of credit. Companies often allow their best business customers to establish payment terms that give the customer an extended amount of time, such as 30, 60 or 90 days, to pay an outstanding invoice. Other companies extend credit to individual consumers and implement a collection policy to control the process of obtaining payment on the credit account. Credit extensions allow individual consumers to obtain needed merchandise upfront but pay for purchase over time. In the case of business-to-business transactions, the extension of credit is carried on the supplierââ¬â¢s book under accounts receivable. Extensions of consumer credit are typically carried on the books under a separate consumer credit category that is also a type of receivable. Accounts receivable is a companyââ¬â¢s list of outstanding extensions of credit to customers. The companyââ¬â¢s collection policy establishes how the accounts receivable or collections department should go about reminding customers that payments are due and how the department should handle delinquent accounts or accounts that are not paid as agreed. Types of Bad Debt Buyers Also known as junk debt buyers, bad debt buyers are firms that purchase unpaid debts from different types of creditors at rates that are below the actual face value of the debts, and then attempt to collect the full amount plus interest and penalties from the debtor. Bad debt buyers sometimes specialize on securing and collecting specific types of debt, including credit card debt, business debt, or loan debt. Credit card bad debt buyers are one of the more common types of junk debt buyers. Here, the buyer purchases old credit card accounts with outstanding balances that the originator was unable to collect. CHAPTER 14 BANKRUPTCY Bankruptcy is the process where a person legally declares himself or his business unable to pay outstanding debts. Depending upon the type filed, one meets with a judge to determine a payment schedule, or have a legal bankruptcy discharge most if not all debts. Businesses also may declare bankruptcy, which either means the business will close, or that the business will continue to operate with reduced payments to debtors It depends on what type the person intends to file, and also how quickly he or she can gather together information about his or her income and debts. Bankruptcy is the most common proceeding, and it is usually filed when a person doesnââ¬â¢t have a large number of assets that he or she needs to protect. Financial distress may also occur due to unforeseen factors that have an adverse effect on the different revenue streams that the corporation enjoys. The bankruptcy action may be necessary to protect the business from creditors while the company is reorganized under the direction of the courts, allowing the corporation to at least have a chance of getting back on a firm financial foundation. Liquidation maybe partial or complete, depending on the amount of debt involved. With a partial liquidation, the business sells off assets, including divisions of the business that are not needed for the continued operation of the core businesses. A complete liquidation means the selling of all assets and the eventual dismantling of the company as a business entity. Insolvency is the inability of a person to meet his obligations as they mature (Equity sense). It refers to the excess of liabilities, in the case of corporation, excluding capital stock over assets. (Bankruptcy sense) Two types of Insolvency Voluntary Insolvency Under voluntary insolvency, an insolvent debtor, owing debts exceeding in amount the sum of P1,000. 00 may apply to be discharged from his debts and liabilities by filing a petition with the Court of First Instance of the province or city which is the domicile of the petitioner for six months preceding the petition. He shall moreover annex to his petition a schedule and inventory in the form as prescribed under the Declaration of Insolvency Upon receipt of such petition, together with the schedule and inventory, the court or the judge thereof in vacation, shall make an order declaring the petitioner insolvent. Involuntary Insolvency an adjudication of insolvency may be made on the petition of three or more creditors, residents of the Philippines, whose credits or demands accrued in the Philippines, and the amount of which credits or demands are in the aggregate of not less than one thousand pesos. Provided, that none of the said creditors has become a creditor by assignment, however made, within 30 days prior to the filing of said petition. The following shall be considered acts of insolvency, and the petition for insolvency shall set forth one or more of such acts: 1. That such person is about to depart or has departed from the Philippines, with intend to defraud his creditors; 2. That being absent from the Philippines, with intend to defraud his creditors, he remains absent; 3. That he conceals himself to avoid the service if legal process for the purpose of hindering or delaying or defrauding his creditors. 4. That he conceals, or removing, any of his property to avoid its being attached or taken in legal process; 5. That he has suffered his property to remain under attachment or legal process for 3 days for the purpose of hindering or delaying or defrauding his creditors; 6. That he has confessed or offered to allow judgment in favor of any creditor or claimant for the purpose of hindering or delaying or defrauding his creditors or claimant; 7. That he is willfully suffered judgment to be taken against him by default purpose of hindering or delaying or defrauding his creditors or claimant; 8. . That he has suffered or procured his property to be taken on legal process with the intent to give a preference to one or more of his creditors and thereby hinder, delay or defraud any of his creditor; 9. That he has made any assignment, gift, sale, conveyance, or transfer of his estate, property, rights, or credits for purpose of hindering or delaying or defrauding his creditors or claimant; 10. That he has, in contemplation of insolvency, made any payment, gift, grant, sale, conveyance, or transfer of his estate, property, rights, or credits; 11. That being a merchant or tradesman has generally defaulted in the payment of his current obligations for period of 30 days; 12. That for a period of 30 says he has failed after demand, to pay any money deposited with him or received by him in a fiduciary capacity; and 13. That an execution having been issued against him on final judgment for money, he shall have been found to be without sufficient property to execution to satisfy the judgment.
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