Sunday, February 14, 2010

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1. INTRODUCTION
All credit granted debt becomes the client and the debt generates interest and financing costs that have offered to the customer for buying. In see the client is aware that it is not a cash purchase a credit in the latter accepting the assignment of an interest that must be paid for the same according to the time that is agreed to pay the cancellation of this chapter take into consideration the system of interest and financing costs in granting credit.

FOR THIS CREDIT SHOULD BE NORMALLY REQUIRED FOR:

2. IMPORTANCE OF FINANCE COMPANY
One part of the Financial Administration and is responsible for exactly that it is to manage all financial resources of the company and the Manager Finance plays a dynamic role in the development of modern business which now extends beyond the reports, records, cash, and fundraising.

The Finance Company have always been considered part of the economy but for some time in the world and specifically in Peru becomes increasingly important in business administration and even more with technological innovations and constantly changing markets and competition have enabled this phenomenon of change is integrated into a vast knowledge.

3. MAXIMISING PROFITS FROM maximizing value
Very often we think that maximizing profits is the appropriate goal of the company, but it is not as wide as the goal of maximizing the wealth of investors.

earnings are always subject to the value of money over time and sincerely this leads to a particular risk group.

Another limitation of the objective of maximizing earnings per share is that it takes into account the risk or uncertainty of the possible flow of profits, some investment projects are more risky than others and therefore the uncertainty is subjected to variations it to be this study to minimize any flow possible risky or business without profit.

4. THE GENERAL ACCOUNTING
The accounting Peruvian Uniform system arises due to a basic need: Information uniform through the accounts in order to contribute to the development of the country, its main objectives are: to
) facilitate the registration of the company's operations with a standardized accounting language.

b) allow the study of economic and financial reality of the enterprise through standard models of financial studies, appendices, notes, forms required by state agencies (SUNAT, SBS, CONASEV, etc.).

c) Make comparative studies between firms in the same economic activity.

This General Accounting Plan is composed of a set of items and includes the following sectors:
  • Balance Sheet Accounts (from 1 to 5)
  • Management Accounts (6 and 7) Balance
  • Management Agents (8)

Loan Cancellation For Teaching Abroad



The conciliation or arbitration is a system of extra-judicial dispute resolution where the parties themselves resolve the conflict (self-composition) completely peaceful with the help of a third party which may be a natural person or a conciliation center or even the same court in certain cases. In conciliation

third party assists and helps them find a solution to their conflict and formulas proposed arrangement, of course, are not binding on the parties. This process is based on confidentiality and good faith with the parties come to it. The conciliator should hear the statement made by the parties to the dispute, explain the procedure of conciliation to the parties, assisting them in exchanging information, helping them to define the points of conflict and suggest proposals for settlement of the dispute.

If there is a good agreement is drawn up an act, this act has the value of sentence.

5.1. BENEFITS OF THE SETTLEMENT
The benefits of conciliation on the regular court system are:

a) Duration : We know the traditional delay of court proceedings due to the low number of judges, the large number of incidents , Resources, Annulments, exceptions and other means available to litigants to prevent the prompt decision of the dispute. In contrast, the grievance procedure is brief and, therefore, the conflict can be solved almost immediately.

b) Efficiency : The solution of the dispute to the center conciliation or conciliatory, and conciliators is done efficiently and that the procedure is limited to hearing the parties, their points of view, questioning about the facts, examine the evidence provided and to suggest or propose solutions that the parties may or not accept.

c) Easy access : The existence of the centers of conciliation and reconciliation in equity in legal clinics or neighborhood centers, allowing easier access to a dispute settlement mechanism. This represents an advantage because the access to justice requires the submission by counsel and the payment of court costs by the losing party to the litigation.

d) Satisfaction of Both Parties : The settlement allows the parties involved in resolving a dispute. This means that there is a winner and a loser as in judicial proceedings unless both parties are winners.

d) Greater flexibility : Reconciliation has a flexible procedure that can be modified if there is agreement between the parties and the conciliator, and, instead of court proceedings are strict and can not be changed because the procedural rules are public order and, therefore, close observation of both even the judge and the parties.

e) Increased capacity : Reconciliation requires training of the facilitators to enable them to conduct conciliation proceedings with seriousness, promptness, knowledge, objectivity and professionalism.

The success of the settlement depends on the quality of the facilitators and the willingness of the parties to resolve their disputes.

5.2. Settlement Class
  1. Conciliation court voluntarily.
  2. compulsory conciliation as a preliminary stage before starting the process.
  3. compulsory conciliation as a first step in the process.
  4. Conciliation and bilateral voluntary act of the parties.
5.3. Commercial Conciliation
laws in all commercial balance there is a mechanism by which the parties between whom there is a conflict susceptible transaction originated from a commercial business and derivative trading activities, try to resolve the dispute or the assistance of a third expert who proposed the compromise formulas to resolve the dispute and prevent it from reaching the civilian courts.

This procedure is simple and brief. It begins with a petition which states the name and address of the parties, the differences, the objectives of conciliation and proof of payment for the rights to the center of commercial arbitration and conciliation. Then summon the parties and becomes a conciliation meeting ending a record that includes the total or partial agreement stated that any agreement was reached.

As you can see, for an employer's trade balance is a useful alternative to recover outstanding debt cancellation to the extent that this process is faster and causes less personal inconvenience to the parties.

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Conciliation Judicial Process

The executive process that legal action is governed by the civil procedure code consistent with securities law by which their performance can be promoted under:
  1. Enforcement. Implementation
  2. title.
a) Common Requirements: Proceeds execution when the obligation is certain express and enforceable. If the obligation is to sum of money, should also be liquidated or settled by the operation.

b) Eligibility : You can sue perform the following steps:
  1. sum
  2. Dar Dar movable
  3. Make certain
  4. Do
c) Term of Trial Procedure Executive: In the Executive trial times are too short. For example executive demand filed, the court issued the order for payment, in the same execution ordering the execution is ordered to pay the sum made collection the next round, but otherwise be locking in their property.

can oppose the forced execution within 6 days of notification of the order of payment, such opposition can also deduct the exceptions as it deems appropriate, and may also ask pluspetición.

d) Amounts Collection Appointed Executive Way : According to Article 14 of DL 20236, provided that the debt is not settled, you may sue in the way of enforcement, when the amount is more than four salaries vital minimum for capital at the beginning of the judicial year. For the amount of trials is taken as base vital minimum cycle that governs the opening of the year this is the judicial January 2 each year.

e) Simulation Embargo: In the commercial arena, many people and bad traders to avoid paying debts and one or more creditors enjoy simulates a debt in complicity with someone you trust. So then this person happens to be based on a negotiable instrument simulated garnishes their goods to the debtor of bad faith, they are the true creditors, the assets already seized.

This simulation is planned, and punishable in the Inc 4 of Article 245 of the penal code referring to the generic scam.

4. JURISPRUDENCE
is the interpretation of law made by judges, to see the set of statements that determines a criterion about a legal problem or dark in the texts or other sources of law.

our case there are acquittals or convictions for issuing debt instruments that are not covered by the Securities and Exchange Act or ancillary equipment to be analyzed to gain a better understanding of the risks run the merchant or entrepreneur when unknown the correct interpretation of the devices that give rise to legal collection, since many of them derived from civil lawsuits and enforceable.

legislation exists in our jurisprudence:
  1. Giro bill of exchange. Expiration
  2. executive action on debt instruments.
  3. protest action. Endorse
  4. securities. Tour
  5. assurance checks and post-dated.
  6. Renewal of pay and the same title value.
  7. Recognition of interest.
  8. irregularity in the filling of securities.
  9. Lack of collateral.
  10. Other related cases.

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Executive Legal Aspects of Credit and Collection Of Interest

is important to determine that the courts can make use of three different types of processes by which they can demand payment of obligations o de títulos valores protestados por la falta de pago, siendo estos los siguientes: Proceso Ejecutivo, el Proceso Abreviado, y el Proceso de Acontecimiento.

2.1. EL EMBARGO
E l embargo es una medida de fuerza a través de la cual se enajena una o varios bienes para garantizar el pago de una deuda. El bien o bienes embargado, de propiedad del deudor o de su aval son intervenidos por mandato judicial exclusivamente puesto que deviene de una orden judicial.

2.2. CLASES DE EMBARGO

a) Embargo en Forma de Deposito: Dicho embargo se interpone contra los bienes muebles (Artefactos eléctricos, autos, equipos de oficina, etc.) appointing a custodian, as the person hired to guard the property until the court issues a final decision on the process. (Judgement). The

depositary is required to guard them in the same manner as is delivered in quality and quantity number.

b) Foreclosure Intervention Shape: This embargo should be against the collection of businesses, shopping centers, businesses and others. in order to intervene and collect on a daily or periodic sums demanded to cover the amount claimed as interest and costs more to lead the process.

appointing a controller in order to collect the amount owed, with the obligation to report the proceeds and comply strictly with its functions under the responsibility.

c) Attachment in Registration Form: This embargo should be against the property in order to affect them, such as enrolling in public records to be given preference over other creditors in case of auction or judicial adjudication.

d) Shape Retention Embargo : The embargo must in order to affect revenues from salaries, wages and other benefits payable to the forcing may affect 50%.

e) RE EMBARGO: The rearrest is that as it stands against the freezing and filed against the obligor's assets and / or guarantor. In such a situation may be as many foreclosures as there are debtors have no limits in this regard.

f) BUT BETTER: This measure sewn for and applied when the assets are seized are not sufficient or insufficient to cover the amount owed plus court costs, ie it can still affect other property to cover the amount owed. The fact that we dropped the embargo on goods difficult to perform a sufficient reason for the improvement, as is third party bringing on the seizures.