Regardless of these instruments that are formalized through legal procedures, there are other simpler but equally useful in commercial transactions. The simplicity is not at odds with the lack of legislation but are the way business people conduct their business transactions on credit and ask for it guarantees immediate sales needs and risk.
Especially in places inside the country where trade is not modernized and trade are governed by custom arising by the idiosyncrasies and lifestyles of its inhabitants who have imposed certain rules that are part of trading.
14.1. CHECK
The check is an immediate payment document specified as a title-value differs from previous instruments to be effective in its sole presentation. It is also a straightforward order issued against a bank that pays a certain amount of money in favor of a third party. The requirements for issuance and circulation are in the Securities and Exchange Law.
fundamental requirement is to draw a check, in which the spinner must have sufficient funds or overdraft authorization granted by the bank because this is a means of immediate payment by exchange effects.
in trade is often used to support credit operations, as collateral to issue the check future date, to coincide with the maturity of the debt payment. This custom is rooted in business, so its use as an instrument of guarantee.
The check is a negotiable instrument and easily by means of endorsement. To check compliance with this requirement is necessary to take into account:
1. Should indicate the name and signature of the endorser.
2. Must contain the name of the endorser.
3. It should contain the kind of endorsement.
Different takes on the check names give rise to various forms of use, such as, for example: Cheque Cruzado, check to cover current account Nontransferable check, certified check, cashier checks and travelers checks .
Requirements
1. The corresponding number.
2. The pure and simple order to pay a certain amount of money.
3. The name and address of the drawee bank.
4. The name of the place and date of issue.
5. The signature of the drawer that has the capacity of principal.
14.2. COMMERCIAL INVOICE
The commercial invoice is not an instrument of securities, not to be regulated by the Securities and Exchange Act, therefore its enforceability will be different. This however is a document that serves as evidence of the conduct of a commercial transaction being mandatory issue. This document is subject to requirements and tax formalities until details of the fate of their copies, prior authorizations for printing and file special form, nature and purpose is different from the conformal factor.
is however many transactions business transactions are done at your request and one representation. It can also serve as collateral for the transmission of a good position to be bought on credit that while this is not paid in full, the position it is not transferable to those who require it.
Requirements 1. Numeration.
2. Name or consignee to whom the invoice is issued.
3. Customer name or consignee.
4. Description and price of the goods.
5. Total amount in numbers and letters.
6. Cancellation Date.
7. Other requirements of law.
14.3. PRIVATE CONTRACTS
The business is very often makes use of contracts to formalize a commercial operation agreement, a promise of sale, a promise of payment, etc. pre-order. The simple act of signing a contract and recognizes allows a contractual relationship between a debtor and a creditor.
A contract is an agreement that creates a bond between the people who make and extinguished according to their compliance. More explicitly, we refer to the civil code which says that the contract is an agreement between two or more parties to create, regulate, modify or terminate a legal relationship equity. Implicit in this definition are two elements: the manifestation of will and the creation of a legal relationship. These can be improved with the consent of the parties, except those that also must observe the manner prescribed by law on pain of nullity.
There are several types of contracts either by their nature, form and conditions, but we only refer to the types of contracts used in commerce.
These can be by classification in perfect and imperfect. The perfect are those who do not have any requirements for full legal force and we have contracts that are formalized by the rule of law such as the Note the Warrant, the Learsing, the Mortgage, the Bond, etc. and imperfect that for making them show no imperative law, for example, the purchase and sale, the promissory note, agreement of parties, the advance payment, etc. supply contract.
The law of contract is found in the commercial code (Art. From 50 to 62) and general provisions, and its legal system in the civil code (Art. 1351 to 1490).
Requirements
1. The legal obligation of the contract must be lawful.
2. That persons involved in the contract have legal capacity to execute.
3. The possible lawful act and the act of fulfilling it.
4. A contract must be in writing and consented by the people involved in them.
15. CONSERVATION AND CONTROL OF CREDIT INSTRUMENTS
a credit instrument for registration, maintenance and control must have certain characteristics, among them are:
1. Contains an economic right.
2. It is a document that is intended to run through different mechanisms such endorsement or transfer nominative power or real value this has.
3. To comply with the formalities and procedures established by law or you will lose your destination circulatory and nature of securities.
According to these characteristics, a credit document is a security whose preservation should be held by the company in order to bring actions for change. But even if this occurs, these documents may be destroyed in whole or in part by altering the value and causing inefficiency in collection.
According to Securities and Exchange Act may occur the text of the document is altered so that the essential data for identification persist, in this case is not necessary to declare their inefficiency, but the rightful owner of the document may find it difficult at the time of transfer by endorsement (in the case a bill of exchange), as third parties in order to acquire the property do not brazen.
Especially in places inside the country where trade is not modernized and trade are governed by custom arising by the idiosyncrasies and lifestyles of its inhabitants who have imposed certain rules that are part of trading.
14.1. CHECK
The check is an immediate payment document specified as a title-value differs from previous instruments to be effective in its sole presentation. It is also a straightforward order issued against a bank that pays a certain amount of money in favor of a third party. The requirements for issuance and circulation are in the Securities and Exchange Law.
fundamental requirement is to draw a check, in which the spinner must have sufficient funds or overdraft authorization granted by the bank because this is a means of immediate payment by exchange effects.
in trade is often used to support credit operations, as collateral to issue the check future date, to coincide with the maturity of the debt payment. This custom is rooted in business, so its use as an instrument of guarantee.
The check is a negotiable instrument and easily by means of endorsement. To check compliance with this requirement is necessary to take into account:
1. Should indicate the name and signature of the endorser.
2. Must contain the name of the endorser.
3. It should contain the kind of endorsement.
Different takes on the check names give rise to various forms of use, such as, for example: Cheque Cruzado, check to cover current account Nontransferable check, certified check, cashier checks and travelers checks .
Requirements
1. The corresponding number.
2. The pure and simple order to pay a certain amount of money.
3. The name and address of the drawee bank.
4. The name of the place and date of issue.
5. The signature of the drawer that has the capacity of principal.
14.2. COMMERCIAL INVOICE
The commercial invoice is not an instrument of securities, not to be regulated by the Securities and Exchange Act, therefore its enforceability will be different. This however is a document that serves as evidence of the conduct of a commercial transaction being mandatory issue. This document is subject to requirements and tax formalities until details of the fate of their copies, prior authorizations for printing and file special form, nature and purpose is different from the conformal factor.
is however many transactions business transactions are done at your request and one representation. It can also serve as collateral for the transmission of a good position to be bought on credit that while this is not paid in full, the position it is not transferable to those who require it.
Requirements 1. Numeration.
2. Name or consignee to whom the invoice is issued.
3. Customer name or consignee.
4. Description and price of the goods.
5. Total amount in numbers and letters.
6. Cancellation Date.
7. Other requirements of law.
14.3. PRIVATE CONTRACTS
The business is very often makes use of contracts to formalize a commercial operation agreement, a promise of sale, a promise of payment, etc. pre-order. The simple act of signing a contract and recognizes allows a contractual relationship between a debtor and a creditor.
A contract is an agreement that creates a bond between the people who make and extinguished according to their compliance. More explicitly, we refer to the civil code which says that the contract is an agreement between two or more parties to create, regulate, modify or terminate a legal relationship equity. Implicit in this definition are two elements: the manifestation of will and the creation of a legal relationship. These can be improved with the consent of the parties, except those that also must observe the manner prescribed by law on pain of nullity.
There are several types of contracts either by their nature, form and conditions, but we only refer to the types of contracts used in commerce.
These can be by classification in perfect and imperfect. The perfect are those who do not have any requirements for full legal force and we have contracts that are formalized by the rule of law such as the Note the Warrant, the Learsing, the Mortgage, the Bond, etc. and imperfect that for making them show no imperative law, for example, the purchase and sale, the promissory note, agreement of parties, the advance payment, etc. supply contract.
The law of contract is found in the commercial code (Art. From 50 to 62) and general provisions, and its legal system in the civil code (Art. 1351 to 1490).
Requirements
1. The legal obligation of the contract must be lawful.
2. That persons involved in the contract have legal capacity to execute.
3. The possible lawful act and the act of fulfilling it.
4. A contract must be in writing and consented by the people involved in them.
15. CONSERVATION AND CONTROL OF CREDIT INSTRUMENTS
a credit instrument for registration, maintenance and control must have certain characteristics, among them are:
1. Contains an economic right.
2. It is a document that is intended to run through different mechanisms such endorsement or transfer nominative power or real value this has.
3. To comply with the formalities and procedures established by law or you will lose your destination circulatory and nature of securities.
According to these characteristics, a credit document is a security whose preservation should be held by the company in order to bring actions for change. But even if this occurs, these documents may be destroyed in whole or in part by altering the value and causing inefficiency in collection.
According to Securities and Exchange Act may occur the text of the document is altered so that the essential data for identification persist, in this case is not necessary to declare their inefficiency, but the rightful owner of the document may find it difficult at the time of transfer by endorsement (in the case a bill of exchange), as third parties in order to acquire the property do not brazen.
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