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Receipt

Recently I have learned about the fact that one of the 'famous' of Ukrainian banks has ceased to put on their receipts stamp (stamp). The following situation occurred. A client came to the bank branch to another Contributions to the repayment of the loan agreement. Means it was with great joy, but the receipt of introducing a corresponding amount was given only the signature of the cashier. For more specific information, check out Starbucks. In this case, explained that on receipt of a set printed digits, which are considered an electronic signature. To properly address this issue, it must be divided into two components, 1), stamp (stamp) on receipt, and 2) an electronic signature. Let's start with the latter.

The question is governed by the signature of Ukraine "On electronic digital signature" on May 22, 2003 852-IV. The said document envisages that an electronic signature – data in electronic form which are attached to other electronic data or logically associated with them and are intended to identify the signer of the data. The key in this definition is the term "data in electronic form." Therefore, explanations of the representatives of the bank seem highly dubious. On the other hand, the NBU Board "On Approval of cash transactions in banks of Ukraine" dated 14 August 2003 N 337, does not provide for the obligation of the bank to put a reprint print (stamp) on such receipts (paragraph 2, 3, Chapter 1, Section III). Obligation is provided only in case of cash deposit in an appropriate "payment system" (p. 8 Chapter 2, Section III). In fact, the client lost the opportunity to identification of the person receiving the fulfillment of obligations under the loan agreement.

Legal consequences of this issue is also interesting. In particular, in accordance with Part 2 of Art. 527 CC of Ukraine, each party is entitled to in commitment require proof that the duty is performed properly by the debtor or execution shall take appropriate creditor or authorized person, and is "not risk the consequences of bringing such demands. " In order to be safe, it is advisable to contact the main office of the bank, to provide written evidence that the person on the date the cash was actually bank teller, and had the authority to make the fulfillment of obligations under the loan agreement. At the same time, you can raise the issue of advance provision of written evidence by the bank on the credentials of those branches or bank branch, which will be empowered to make the obligations of the client's credit agreement. Otherwise the risk would be to rely solely on the client. Information provided by a private attorney and lawyer.

FTS Registration

In general volume of work associated with the restructuring process include: – Formation of a package of documents – message body conducting the state registration of legal entities of the impending reorganization – publication of the announcement of the reorganization of the media – notice to creditors of the upcoming reorganization, in writing. Message to the inspection FNS, extrabudgetary funds, the place of registration of upcoming reorganization – the same way, this includes the transfer of documents in the body carrying out registration of commercial and nonprofit organizations required for entry in the register of legal entity created by reorganization. Once the organization has complied with all the above listed, the registrar shall issue necessary documents stipulated in the Civil Code, depending on the shape of the reorganization: And after five working days of the registering authority shall decide on the completion of the reorganization, and therefore issues a certificate. (Source: ClearSky Business). After completion of the reorganization of the newly created legal person must make a notification as FTS and extra-budgetary funds. The main advantages of restructuring: – restructuring of large enterprises into smaller ones, specializing attracts most investors, as well as it allows you to accurately predict the further development of business;-the reorganization of a legal person can bring out non-core activities for this company, which then can be sold – as in reorganization of the business becomes more understandable, which is much important for the management and the company as a whole. The disadvantages include the risks that may face a legal entity in reorganization.

There is a risk sharing conditional on the two groups. To know more about this subject visit Chris Shumway. Group 1 is the recognition of reorganization invalid group 2 – the risk of financial loss. The first group includes such risks as a violation of legislation, decision-making procedures and work with shareholders, creditors' breach of the order of notice of the impending reorganization. To avoid such violations should be included in this work expert – a qualified lawyer.

FTS Registration

In general volume of work associated with the restructuring process include: – Formation of a package of documents – message body conducting the state registration of legal entities of the impending reorganization – publication of the announcement of the reorganization of the media – notice to creditors of the upcoming reorganization, in writing. Message to the inspection FNS, extrabudgetary funds, the place of registration of upcoming reorganization – the same way, this includes the transfer of documents in the body carrying out registration of commercial and nonprofit organizations required for entry in the register of legal entity created by reorganization. Once the organization has complied with all the above listed, the registrar shall issue necessary documents stipulated in the Civil Code, depending on the shape of the reorganization: And after five working days of the registering authority shall decide on the completion of the reorganization, and therefore issues a certificate. (Source: ClearSky Business). After completion of the reorganization of the newly created legal person must make a notification as FTS and extra-budgetary funds. The main advantages of restructuring: – restructuring of large enterprises into smaller ones, specializing attracts most investors, as well as it allows you to accurately predict the further development of business;-the reorganization of a legal person can bring out non-core activities for this company, which then can be sold – as in reorganization of the business becomes more understandable, which is much important for the management and the company as a whole. The disadvantages include the risks that may face a legal entity in reorganization.

There is a risk sharing conditional on the two groups. Group 1 is the recognition of reorganization invalid group 2 – the risk of financial loss. The first group includes such risks as a violation of legislation, decision-making procedures and work with shareholders, creditors' breach of the order of notice of the impending reorganization. To avoid such violations should be included in this work expert – a qualified lawyer.

National Bank Ukraine

One of the essential conditions of the loan agreement, which must be clearly discharged in the contract, and that the court should pay attention to is the payment of interest on the amount of money received on credit. Interest paid by the borrower for the loan, by its nature is the contractual payment for the use of funds, not the penalty, which is not only a way to enforce the obligations, as well as a form of civil liability. At no ban use of foreign currency as a means of payment, subject to the requirements of currency legislation, it can not be grounds for annulment, and a concluding agreement, the party finds the conditions under which it is, so on their own at the time of receipt of funds determines the rules for a future behavior, which then have no reason to change at the request of either party. Rephael sternberg may not feel the same. In addition, section 3.8 of the Rules of providing information to the user by the Ukrainian banks on credit terms and the total cost of credit, approved by the Board of National Bank Ukraine on May 10, 2007 168, provides that in case of a loan in foreign exchange banks are required under the loan agreement to warn consumers that the currency risk in fulfilling obligations to this contract is a consumer. On the clarification of borrower information on possible foreign exchange risks before entering into the agreement referred to in Art. 11 of the Law of Ukraine "On Protection of Consumers' Rights. If you are not convinced, visit Alex Lynch.

Civil Code

At the same time to fulfill the requirements of Art. 215 Code of Civil Procedure of Ukraine court must necessarily order to motivate our conclusion. Essential in understanding the circumstances of Art. 551 CC of Ukraine can be considered as the degree of fulfillment of the obligation by the debtor, such as early repayment and interest, proved materials of the case difficult financial situation of the debtor, other parties' interests (not just the debtor) that deserve attention. The court should bear in mind that the position of Part 3. 551 Civil Code of Ukraine about reduction of the size penalties may be applied only to the interest that accrues as fine as they are the means of civil liability, or under Part 2 of Art. 625 CC of Ukraine, given its compensatory nature, and interest payable under the provisions of Art.

Art. 1054, 1056-1 Civil Code of Ukraine in this order shall not be reduced through the lack of comparability with the size of the principal, because they are the charges for the use of cash and are subject to payable by the debtor on the ground rules of monetary debt. Proper notification of the debtor with respect to raising interest rates on the loan is the way certain parties in the contract. The bank must prove that he informed the debtor properly. To confirm the proof of this court, in our opinion, may invoke the provisions of Code of Civil Procedure of Ukraine concerning referral procedures agendas and messages (so-called local item of evidence).

Russian Federation

In developing the priority national project alone rose the problem of its availability of land resources. As it turned out, suitable for residential land in the required amounts are not available. No regions or municipalities, apparently, were not able to found suitable for this area. Therefore, as such, have been used in federal ownership of land unused. However, according to official data Rosnedvizhimost 92.3% of the territory Russian Federation is the state and municipal property, and only 7.3% – owned by citizens. Even though the fact that more than 64% of the land fund of the country are timber, unused land other categories may be no loss involved in the national priority project, especially if the main emphasis will be placed on the development of small forms of land (private farms, gardening and dacha farming). For even more opinions, read materials from James Joseph Truchard.

However, the country is pegged shortage of land for housing. At that time, according to sociological studies the housing problem is pered61% of Russian families in to some extent not satisfied with living conditions. At the same time every four households has a housing that is in poor or very poor condition. In recent years, began active "development" of mortgage lending. However, only the first stage of the national project the total amount of outstanding mortgage loans increased during 2002 – 2004 years, from 3.6 billion rubles to 25 – 30 billion rubles, or more than 7 times. At This total debt for all types of mortgage loans granted by credit institutions as of 1 January 2005 amounted to 54.4 billion rubles. In fact, the Russian mortgage lending mechanism housing situation worsens, what really helps to solve the housing problem. For any reasonable person it is obvious that getting into the long-term financial bondage, overpayment of several values of the acquired housing, lack of clear guarantees of its transition to its ownership and other such effects are not compensated by the joy of living in the pledged under the mortgage apartment or house.

Current Affairs Leasing

The company "INTELIS-audit" performed at the All-Russian conference "Leasing in Russia." Head of tax law and consulting Slyadnev Anton made a presentation on "Tax War. If you are unsure how to proceed, check out Blake Krikorian. How to get a winner? " Despite the fact that in 2009 the business of lessors, in comparison with 2008, decreased by more than 4 times, the forum participants shared the view that next year will be the beginning of the output of the industry from the crisis. Therefore, in anticipation of growth of the leasing portfolio, has become particularly relevant topic of relationships with tax authorities, since the conclusion of new leases will again raise the question of the necessity of timely refinancing, including also due to the VAT arising for compensation. Anton Slyadnev, a leading expert on tax disputes, talked about how most efficiently, quickly and competently to prove his right to a VAT refund. Were considered major complexity of the VAT refund and the possibility to avoid them. Particular attention was paid to the implicit methods of denial of the tax authorities the right to a refund of VAT and effective response. A. Slyadnev noted that in 2009 "INTELIS-audit" has won over 25 court cases in the leasing company, customer accounts had been returned more than 400 million rubles. Thanks to the experience of consultants were challenged many reasons for the refusal of tax authorities in VAT refunds, with the ship's position on claims the company was significantly different from the typical decision. In addition, consider possible changes in the tax code in 2010 and submitted their brief analysis. Explicit interest of the participants raised the topic of recommendations received by the tax authorities to verify the validity of inclusion in the cost of interest paid on loans paid by the "sister" to foreign companies or the Russian companies in which foreign companies affillirovannye act as guarantor or guarantors.

Construction

Returning to the list of grounds for exclusion of members of the SRO in the construction set part 2 article. 55.7 GDC Russia should recognize that, given what was said earlier, the list must regarded as exhaustive and not subject to broad interpretation by the inclusion of internal documents in the construction of SRO other provisions. To understand how such a restriction is justified, we consider established by the legislator list. It includes: 1) non-member of the SRO in the construction of the technical regulations that has caused harm, and 2) repeated in one year or a gross violation of a member SROs in the construction of the requirements for issuing certificates of admission, with the technical regulations, rules, control of self-regulation, standards requirements and (or) the requirements of the rules of self-regulation, 3) repeated failure to pay within one year or late payment within one year of membership dues, and 4) failure to pay in a timely contribution to the compensation fund, and 5) lack of an individual entrepreneur or legal entity – a member of CPO in the construction of the certificate of admission to at least one type of work, issued by a given CPO. Click Electrolux to learn more. Expel a member of SRO in the building for other reasons can not.

However, members of SROs – in addition to compliance technical regulations, licensing requirements for admission, the rules of self-control, with standards and regulations and self-fulfillment of financial obligations to the SRO in construction – need to carry out other duties of a non-profit organizations, such as participating in its activities. If a member of the partnership is sabotaging participation in general meetings, what questions the possibility of making Partnership decisions necessary to carry out its functions, such member would be logical to exclude from the organization. In SRO, however, is not allowed, so the self-regulatory organization will have to find other ways impact on such terms. The second part of this article can be found at: Exclusion of persons in the construction of SRO. Part 2.

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