Law on Credit - banking - finance - insurance - real estate - rural law - construction - planning

Banking law is a branch of commercial law that deals with all the rules on banking transactions and those that perform as part of their professional activity. He intended to govern the activities on a regular basis by credit institutions.

The Right Credit is composed of the rules applicable to credit institutions, usually banks, credit operations and management of payment means, for companies and individuals.

Insurance law is the set of rules, laws and regulations governing insurance companies and relationships between insurers and insured. Insurance predict risk, and mitigate financial losses a loss or degradation.

Real estate law is the generic term that includes all legal texts of public law and private law concerning real property, as opposed to furniture.

This is part of the law of property, and relates both to the right of private property as the right heritage of public figures.

Its scope is very wide as it relates in particular the right to construction, planning law, law of mortgages ...

Commercial paper are documents issued by a creditor to a debtor giving order in writing via a third party to pay a debt to a beneficiary due. It is one of the bills of exchange or promissory note, among others. Commercial paper are useful means of payment to companies under business with payment deadlines. This allows secure and formalize the terms of payment.

Rural law is traditionally the set of rules for farming and those who practice it. He oversees and supports the evolution of French agriculture in the European legal framework designed by the common agricultural policy.

The place of civil law in private law - The law of exception.

A) The place of civil law in private law

Originally civil law almost overpowered instead of private law, but we shall see, gradually the civil law is going to have some of its branches will detach. But civil law remains what is called common law. The rules of the civil law will apply in priority. New needs, new relationships will appear and we will need to specialize in disciplines. Exception will be called the law law other than the Civil Law.

Example: in our society, consumption has a key role, then in 2000 the Consumer Code was created ; it is a branch that broke off of civil law. The trunk (civil law), this will be the common law, and branches the exception of Law.

1) The common law.

Civil law (common law) includes all the rules on the privacy of individuals in their personal relationships, these relationships they can have as much on the family level as on the professional level. And in civil law, we will find several types of law: the law of persons, family law, contract law, property law, the law of matrimonial property regimes. The common law does not affect any special rules.


The right of persons: when one is born, it has acquired legal personality which we were allocated a first name and a surname ...

Family law: one is interested in relationships with each other, such as with marriage (age criteria ... of gender differentiation).

2) The law of exception.

Commercial law will determine the status of merchants, business activity, the relationship between traders. In the Civil Code there is a part that deals with contracts between individuals but, in trade, we have other needs (speed, certainty ...) and the civil code does not provide the trader. Gradually, they built their own rules which became detached from the civil law term to form an autonomous code, hence the birth of commercial law. Inside this commercial, other rights have emerged. The changes in society have made the creation of necessary

new branches of law including right here with the air, maritime, and it goes to law firms in difficulties which have also seconded civil law into a law of exception. Rural is a right that includes special rules that derogate from ordinary law, particularly when referring to sharecropping or tenant farming. Employment law is a law of exception, labor relations have developed and with them the need to create special rules which derogate from ordinary law (dismissal, talks). Example: criminal law and private international law.

Gradually the exception of law encroaches on common law and takes more and more space. It must be remembered that the place of civil law is predominant in private law; Indeed, the civil law applies in principle to govern matters of private law.

Board of Governance is resonsible for operations with Essential Business Assets

In Spain, the new law is approved. Law 31/2014, of 3 December, approving the Capital Companies Act (LSC) for the improvement of corporate governance changes, indicating that it is for the general meeting deliberate and resolve on the acquisition, disposal or the contribution to society other essential assets. The essential character of the asset is presumed when the amount of the transaction exceeds 25% of the value of the assets listed in the latest approved balance sheet.

The new power of the General Meeting, ie decide on "the acquisition, disposal or contribution to another company of essential assets" requires a distinction in the legal business conducted by the board (usually acquisition / disposal of assets) if it is "essential" assets -Competence of the General- Board or administration-organ -Competence without the legislature required that assessed so it is an "essential asset." Only establishes a presumption, but does not clarify who is competent to decide on the character of "essential" asset, or whether the possible lack of agreement affects third parties.
Operations comprising

What is to be in new Law:

• Acquisition of core assets, provided that the transferor is a company,
• Disposal of key assets, provided that the purchaser is another company, and
• Essential contribution to another company assets.

Presumption of core assets

The Act does not define the essential assets only establishes a presumption about the essential nature of the assets according to their economic value, "the essential character of the asset is presumed when the amount of the transaction exceeds twenty five percent of the value of the assets listed in the last balance sheet approved "

It is a rebuttable presumption (rebutted), so that may have assets exceeding 25% and non-essential, and vice versa, assets value less than 25% and yet are essential.

The presumption means that:

- If the asset sold or acquired exceeds 25%, it will be the test administrator in case of complaint, that there is an essential asset (eg a society that alienates property whose value exceeds 25% of the value of assets, but whose purpose is precisely the sale of the properties that form part of its assets, in the case of an operation so normal course of business, of competence of the governing body).

- However, if the asset disposed does not exceed 25%, but is considered by the shareholders or creditors, which is an essential for society active must be them claiming responsibility the management body who prove the essential character of the asset (eg society that alienates a patent or an administrative concession, whose value does not exceed 25% of assets, but without which it can not develop the social object).

If you have questions about whether a purchase or sale is not "essential", avoid risks and seek authorization from partners to do it. For this purpose, convene a meeting at which he is authorized to do the operation and the conditions of this (price of purchase or sale, term to be done, payment) are established. If it does not and that are essential assets, members can be held accountable (for example, if the operation harms society).

The bankruptcy proceedings are reduced by 22% in the first quarter

The number of bankruptcy proceedings fell by 22% between January and April 2016 compared to the same period last year, a development which is attributed to increased preconcursos and court settlements, while business solutions rose 4% .

This follows from the 'Study on Contests and Solutions' by the company Informa D & B, which stands at 1,572 bankruptcy proceedings occurred during the first quarter of this year and 10,004 solutions.

Specifically, companies in bankruptcy add 11,192 workers and billed about 1,900 million euros per year, 31% less than those that were affected by this situation between January and April 2015. Meanwhile, the solutions reverberated in 34,704 people and a turnover of 9,300 million euros, above the 6.600 billion euros last year.

Month of April

Only in April, Informa D & B number in 355 contests creditors, 25% less than in the same month last year and the lowest figure of the whole exercise. According to the Director of Studies of Informa D & B, Nathalie Gianese, this development "can partly be explained by the increase precursors processes and extra-judicial agreements, which are not listed in the bankruptcy statistics." In contrast, the 1,712 solutions represent a 2% more than a year ago.

The study also suggests that micro-enterprises were the most affected by the bankruptcy proceedings in April, representing almost 82% of the total, while small enterprises accounted for about 16% of cases, the median about 2% and large only 0.6%.

By region, Catalonia heads the number of processes both in April (81) as in the first quarter of 2016 (316), although it is also the region that reduces their numbers in absolute value since January, subtracting 117.

It is followed by Valencia (254 in four months and 54 in April) and the Community of Madrid (226 and 46 respectively). Only four communities increased the number of competitions over last year, highlighting the Canary Islands (+39) and Cantabria (+13).

As for solutions, Madrid, Andalusia and Valencia led the quarterly and monthly statistics, processes 2,413, 1,292 and 1,249 closures solutions, respectively. However, the Madrid region was experienced a greater absolute increase (+298) while Catalonia was the biggest decliners solutions (-148).
 

By sector

As for the different sectors, construction was the most processes had (433) in the first quarter. Along with Trade (344) and business services (198) account for 62% of all competitions, it concentrates 62% of the solutions, con2.552, 2,056 and 1,566 respectively.

The same three sectors were the hardest hit in April, with 108 and 460 solutions contests construction, trade 78 and 355, 46 and 268 and business services.

However, the construction was also the sector that reduced both contests as solutions, 179 and 132 processes less, respectively. In fact, the contests were increased only in the extraction industries (+ 60%) and healthcare (+ 14%) during the first four months of the year, while solutions grew only in Energy (+ 82%) and Administration ( + 50%).

The Spanish Parliament claims Homemakers to recognized as real workers

The full European Parliament has demanded on Thursday that people who perform domestic services and home working as carers be recognized as "real" employees, with the recognition and protection that applies to any worker.

Official status for these employees would ensure access to benefits such as sick leave, vacation, pension contributions, as well as being a weapon against undeclared work and labor exploitation.

This has been declared MEPs in a resolution of the Spanish speakers who are Tania González (We can) and Greek Kostadinka Kuneva (Syriza) and has been adopted by the plenary meeting in Brussels.

The text claims the recognition and protection of domestic work as a profession through both national legislation and European.

Also it advocates that Member States adopt and fully implement the Convention 189 of the International Labour Organization, something they have done so far only 22 countries in the world.

According to data presented by the speakers, 88% of workers in the sector are women and one in three is excluded from the protection afforded by national labor legislation.

Among its recommendations, MEPs raise establish "easy to manage models" to frame the legal relationship between the employer and the worker, the image of systems that already exist in countries like Belgium and France.

How to Make Money in Accounting

Although the primary motivation of all accounting professionals is not to make money, for some, it is a very important subject. Many ask how to make money in accounting and how to maximize its efforts to be as rich as possible. As in all areas, there are no miracle solutions and every aspect of accounting work contains its own set of qualities and faults. Yet there are some ways if you want to put in the time, which will allow you to grow your income by working in accounting.

Accounting Freelance

It is possible for an accountant, they either engineer or chartered professional accountant, to offer its services to individuals and small businesses. This is the work of an independent accountant. Some call this kind of work on freelancing, the freelancer is the individual accountant. We will use the two terms in the article.

In this situation, it is often the accountant must take steps to find customers, contrary to accounting firms that are often contacted by clients for a specific mandate. Customers are often attracted to the individual accounting since they do not cost very expensive to hire.

so you would think that it is not efficient monetary level for an accountant to offer work as an individual professional. Yet the work demanded by customers are often easy and short for an experienced accountant. It is work that a freelance accountant can often perform outside their normal working hours to make extra money. One can think of bookkeeping bases, general advice on running a business, calculations and ratios or advice to drive. Obviously, a freelance accountant is not able to provide a review engagement or audit mandates.

It is possible to make money in the accounts by providing accounting services to individuals and being a freelance accountant the highest paying sectors in Accounting

This is a subject that we have already discussed in a previous article (see salary of a chartered accountant) and we develop here.

Typically, accountants who make more money working in cities and working for large private corporations such as firms owned Big Fours. These firms typically offer the best wages, trying to attract the best employees in their business.

The cost of living around the location of the cabinet much account in the determination of wages. Indeed, the annual salary of a trainee region will be significantly lower than the salary of a trainee like in a metropolis. The cost of living and travel is generally more expensive in big cities, the pay increases accordingly.

Academic Level and Professional Titles

Salary accounting is often influenced by the academic level of the employee. Thus, an accountant holding his CPA title and having completed his BA in accounting will significantly more money than an accounting technician who has just graduated college. The difference is true for an accountant holding an MBA (Master of Business Administration) and working in business. Currently hold a degree or MBA is no big differences on the salary of an accountant firm. However, collective agreements and present in business unions take into account the MBA salary scale. If you aim to work in business, having an MBA or a comparable security can be very interesting.

The Accountants holding professional titles, such as CPA, CA, CPA, CMA, CPA, CGA and other additional securities are generally better paid than those who do not hold title and only a university education. Among the various titles, it is often the CA (CPA Auditors) that make the most money, graduation requiring more skill to acquire. CMAs are never far behind the loins CA. CGAs are sometimes paid more than the CMA, there is no clear trend for. The accounting people in their twenties holding a CPA title are paid on average $ 20,000 more than their peers who do not hold professional. Hold a professional designation is a direct means to make money in accounting.

Categories Jobs in Accounting

The variety of accounting jobs is very large and certain types of jobs have average salaries significantly higher than the other. At the top of the salary pyramid, we find the partners and managers of companies, financial analysts and financial managers. On the other side, bookkeepers, government auditors averages of the lowest wage in the area. The rest of occupations, such as budget analysts and financial advisers, are in the middle of the spectrum.

We can therefore conclude that the money earned in accounting tracks the number of responsibility that has the employee. A professional having to make critical business decisions will be much better paid than bookrunner which only the bookkeeping. Obviously, there are always exceptions.