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1
Serebryakova, Y. O. "Insolvency as a material and legal basis for initiating bankruptcy proceedings against business organizations". Legal horizons, n. 26 (2021): 47–51. http://dx.doi.org/10.21272/legalhorizons.2021.i26.p47.
Abstract (sommario):
In this scientific article, the author discloses the definition of insolvency as a substantive legal basis for opening bankruptcy proceedings. It is emphasized that the grounds for initiating bankruptcy proceedings enshrined in the Bankruptcy Procedure Code are not consistent with the concept of insolvency of the debtor, which is enshrined in part one of Article 1 of this Code, as their combined application does not require establishing the debtor's ability to meet its monetary obligations. to creditors after the due date solely through the application of bankruptcy proceedings. It is established that the courts do not establish the facts of the debtor's signs of insolvency, taking into account the concept of insolvency, which is enshrined in law. It is alleged that the postponement of the moment of proving insolvency to the stage of disposition of the debtor's property is the cause of cases of unreasonable application to the debtor of the consequences of bankruptcy proceedings, namely, a moratorium on creditors' claims, restriction of the debtor to decide on his property. It is emphasized that the existing legal position of the Supreme Court on the moment of establishing the solvency of the debtor is unconstructive, as it allows the opening of bankruptcy proceedings against debtors who have no signs of insolvency, but simply perform their obligations in bad faith. It is noted that insolvency is an economic category, requires knowledge of the balance sheet of the enterprise, the economic component of its assets and liabilities, and so on. In order to establish the facts of bankruptcy, fictitious bankruptcy or hidden bankruptcy, it is proposed to conduct a mandatory economic examination of the debtor before initiating bankruptcy proceedings.
2
Pyankova, A. F., e T. V. Shershen. "MARITAL PROPERTY’ DIVISION: ISSUES OF THEORY, LEGISLATION AND LAW ENFORCEMENT". Ex Jure, n. 3 (2023): 145–67. http://dx.doi.org/10.17072/2619-0648-2023-3-145-167.
Abstract (sommario):
Abstract: the article is devoted to such aspects of marital property’ division as the division of business assets and liabilities. Attention is drawn to the fact that since the introduction of the Family Code of the Russian Federation, the structure of the economic basis of an average Russian family has changed significantly. It is concluded that when dividing, a large block of shares should be recognized as an indivisible thing and transferred to the spouse who was doing the business of the company. It is emphasized that doing business as an individual entrepreneur by one of the spouses is rather risky. The impossibility of sectioning an account on a social network is indicated, as well as the difficulties with the division of cryptocurrency. Attention is drawn to the absence in the legislation of the presumption of the community of spouses’ debts. It’s criticized that the financial manager, in accordance with the rules of the special law “On Insolvency (Bankruptcy)”, includes in the bankruptcy estate all the common property of both spouses (former spouses), sells this property, and only after satisfying the requirements of creditors within the share of the debtor spouse, if any funds remain, these funds are issued to the debtor's spouse. The recognition of tax liabilities as common obligations of spouses is debated.
3
Kundeus, Oleksandr, Nataliia Zarudna e Bogdana Truhonovetcka. "Historical and economic essence of liabilities for accounting and taxation purposes". Galic'kij ekonomičnij visnik 85, n. 6 (2023): 76–87. http://dx.doi.org/10.33108/galicianvisnyk_tntu2023.06.076.
Abstract (sommario):
The article delves into the concept of «obligations» from a historical perspective. An exploration of the essence of obligations spans from the times of the Roman Empire and the Middle Ages to contemporary interpretations. In order to account for obligations, a list of relevant accounts was compiled, which has also evolved and is presented in the article. Simultaneously, the significance of the development of this concept for accounting and taxation purposes was revealed. The essence of obligations is unveiled from both legal and economic standpoints. Rooted in the origins of legal direction since Roman law, it is understood that an obligation establishes a specific legal connection between its participants, resulting in certain rights and duties. However, it's noted that most scholars who researched the concept concluded that it is grounded in economic relations, intermediating them, and is by no means a technique for organizing economic production activities. In essence, obligations represent legal relations through which one party (debtor) must act in favor of another party (creditor) in certain actions (transferring property, performing work, paying money, etc.), or conversely refrain from specific actions, while the creditor has the right to demand the debtor's fulfillment of their obligation. The framework of regulatory documents defining the recognition and accounting of obligations is identified. The interconnection of subjects, objects, and the content of the concept of «obligation» is substantiated, suggesting that obligations are demands placed on a company's assets by its creditors, essentially an unregulated indebtedness of the enterprise. Furthermore, it's established that obligations in a modern context are characterized by specific economic resources, specificity, maturity dates for this indebtedness, compensation for resource usage, and specific sanctions for breaching previously agreed contractual obligations concerning terms or amounts of debt repayment. The position of enterprise obligations in the structure of company liabilities complies with national accounting standards.
4
A, Babaskin. "Legal nature of subordinated debt of financial institutions in Ukraine". Yearly journal of scientific articles “Pravova derzhava”, n. 31 (2020): 272–81. http://dx.doi.org/10.33663/0869-2491-2020-31-272-281.
Abstract (sommario):
In the article, the author argues that from the point of view of private law, the relationship that arises between the debtor (financial institution) and the creditor in attracting funds on terms of subordinated debt, is an economic relationship for attracting, respectively, loan, loan, bank deposit, which is performed on the terms of subordinated debt. Liabilities arising from borrowing on a subordinated debt basis are long-term, unsecured, repayable, and that change the order of creditors' claims to be applied in the event of the debtor's liquidation or bankruptcy. The existence of public-law rules governing the attraction of funds on subordinated debt does not affect the legal nature of the said transactions. Therefore, the failure of a debtor to comply with a transaction with the requirements of public law to attract funds on the basis of subordinated debt does not affect its validity. The funds attracted by the debtor bank acquire the status of subordinated debt, subject to obtaining the permission of the National Bank of Ukraine to take into account the borrowed funds on terms of subordinated debt to the capital of the bank. In the absence or revocation of the said permit, there is no reason to include such funds in the equity of the debtor bank and to assign the claims of the lender to such transaction in the event of liquidation or bankruptcy of the debtor bank to the queue established by law to satisfy the claims of creditors on subordinated debt. The article gives a comparative description of subordinated debt and hybrid capital instruments as components of the bank's additional capital, and offers suggestions for improvement of the current legislation of Ukraine.
5
Lukashina, Olga, Zaiga Oborenko e Marga Zhivitere. "Extinguishing Financial Liabilities with Equity Instruments: Theory and Practice Problems". Global Journal of Business, Economics and Management: Current Issues 6, n. 1 (25 ottobre 2016): 35. http://dx.doi.org/10.18844/gjbem.v6i1.984.
Abstract (sommario):
EU introduced “fair value” accounting rules to evaluate equity instruments issued by the debtor for creditors to extinguish financial liabilities to them. These rules are not applied if the creditor is also a direct or indirect shareholder. This paper examines approaches to the evaluation debt when the shareholder’s liabilities are capitalized. Evaluation of those debts should include an audit of the documents related to incurring of debt, followed by an analysis of the debtor’s liquid assets to secure the debt. This is necessary to prevent the use of loopholes in legislation. Then the methods of business evaluation could be applied in any private enterprise.Keywords: capitalization of debts, set-off of claims , fair value, income tax, “internal” liabilities
6
Gavrilă, Simona Petrin. "THE RESPONSIBILITY OF PERSONS CAUSING DEBTOR’S INSOLVENCY IN THE BILL ON PRE-INSOLVENCY AND INSOLVENCY PROCEEDINGS". Agora International Journal of Juridical Sciences 8, n. 1 (4 febbraio 2014): 47–53. http://dx.doi.org/10.15837/aijjs.v8i1.954.
Abstract (sommario):
Insolvency is the state of the debtor’s patrimony characterized by insufficientmonetary funds available for the payment of exigible debts. It may be the consequence ofunfavourable economic circumstances, but also the result of managerial deficiencies of evenfraud.If insolvency is caused by the gross incompetence or the fraud of the debtor’s board ofdirectors, then the syndic judge, by means of the special mechanism created in the insolvencyproceedings, i.e. the joint responsibility action, may include the responsibility of the debtor’smanagers (if the debtor is a legal person) in covering the debtor’s liabilities. From apsychological point of view, such a menacing perspective may bring about a certain control ofthe managerial activity, a certain caution of a bonus pater familias in managing the debtor’saffairs1.
7
Pokora, Andrzej. "LIABILITY OF SPOUSES REMAINING IN THE SYSTEM OF JOINT PROPERTY FOR THE OBLIGATIONS OF ONE OF THEM AND ANTI-ENFORCEMENT ACTIONS AS A MEANS OF SUBSTANTIVE DEFENCE OF THE DEBTOR’S SPOUSE". Roczniki Administracji i Prawa 1, n. XX (30 marzo 2020): 147–263. http://dx.doi.org/10.5604/01.3001.0014.1440.
Abstract (sommario):
The study concerns the scope of liability with the joint property for the obligations of one of the spouses and the issue of the defence of the debtor’s spouse by way of anti-enforcement actions. First, the matter of the property liability of the spouses for the obligations incurred by one of them when they remain in the matrimonial regime is discussed. Next, the issue of the joint property liability for the obligations due to the public law liabilities has been outlined. Further on, anti-enforcement actions as an expression of the substantive defence of the debtor’s spouse have been discussed. Finally, it was pointed out that the debtor’s spouse had an opportunity to defend himself/herself in the event of the execution from the joint bank account of the debtor and his spouse.
8
Silalahi, Derisman, e Edison Hulu. "INDIKATOR KOLEKTIBILITAS KREDIT JOINT FINANCING MENGGUNAKAN OLS & LOGIT". Jurnal Ilmu Keuangan dan Perbankan (JIKA) 11, n. 1 (30 dicembre 2021): 106–23. http://dx.doi.org/10.34010/jika.v11i1.5918.
Abstract (sommario):
This study aims to determine indicators that have a significant effect on debtor collectability. The number of sample data used is 102 joint financing debtors whose loans were realized in 2019, which consists of two groups of 51 debtors that have current and non-current collectability. The analytical method used is the ordinary least square method and the logit regression method, where the combination of the two analytical methods being used at once was not yet found in previous studies. The analysis result using ordinary least squares shows three (3) significant indicators that affect collectability, namely term of the loan, value of collateral and monthly liabilities, with a significance level of 0.05. Meanwhile, the binary logit analysis results in four (4) significant indicators, namely term of the loan, value of collateral and monthly liabilities with a significance level of 0.05 and level of job risk with a significance level of 0.10. The R-squared value in the ordinary least square is 41%, which means that the ten indicators in this study simultaneously affect the collectability variable, while 59% is influenced by other variables not included in this study. The analysis using the logit regression method shows an R-square value of 39% which can be said that the ten indicators altogether affect debtor collectability by 39%.
9
Joyce, Joseph P. "Partners, not debtors: The external liabilities of emerging market economies". Journal of Economic Behavior & Organization 157 (gennaio 2019): 320–37. http://dx.doi.org/10.1016/j.jebo.2017.12.002.
10
Шевченко, Галина, e Galina Shevchenko. "Solidary Obligations in the Russian Civil Law". Journal of Russian Law 2, n. 2 (20 gennaio 2014): 14–20. http://dx.doi.org/10.12737/2232.
Abstract (sommario):
Comprehension’s of joint obligations problems and their types are considered in the article. Special attention is paid to joint obligations arising in case of joint damnification. The recourse liabilities and subrogation as ways of relationships between joint debtors after account with the creditor final settlement are analysed. The recourse liabilities are regarded as a types protective legal relations.
11
Sonnekus, JC. "Aantekeninge: Borgstelling deur ’n skuldenaar vir eie skuld bly nietig ongeag vermeende skynverwekking en enkele ander aspekte van borgstelling". Tydskrif vir die Suid-Afrikaanse Reg 2022, n. 3 (2022): 536–50. http://dx.doi.org/10.47348/tsar/2022/i3a8.
Abstract (sommario):
The deeply ingrained precedent used by many legal advisors to credit providers in South Africa in securing the claim of the latter to their debtors as legal persons with a surety agreement that binds the directors of the legal person as sureties and co-principal debtors, is of doubtful use. In reality, this agreement provides a false sense of security that does not merit the paper on which it is written. If the same legal subject is involved in both personae, a court cannot ignore the trite principle that a party cannot stand surety for itself. In the Radiant case, the original “business entity” was in reality the alter ego of M because it was not registered as any legal person; M was merely trading as Xelmar FXN. Although M signed as surety, as co-principal debtor and also as the agent representing the business, in reality, only one legal subject was involved apart from the creditor R – M. M could not have signed as surety for his own debt albeit in the name of the business as his alter ego. When a company was incorporated a year later with almost the same firm name as the original entity, R neglected to insist on the conclusion of new credit agreements and surety agreements because M had misrepresented to R that the name change of the business entity did not impact on the business arrangements already in place. Allegedly, it merely underwent a change from sole proprietor to (Pty) Ltd! According to the pleadings, the second defendant M represented to the plaintiff by words, alternatively by conduct, that the entity remained the same and that the incorporation was “as a going concern” with no inherent change to debtors and creditors. The plaintiff relied on this misrepresentation to its detriment. The court correctly held that M could not be bound as surety for the debt of the company because no surety agreement was in place regarding that liability. Notwithstanding R’s reliance on the misrepresentation to its detriment, the court held that the reliance on estoppel could not succeed because the misrepresentation could not be maintained. It was held that maintaining the misrepresentation would be in conflict with section 6 of Act 50 of 1956. It is submitted that M was still responsible for the debt of his alter ego as the original business entity because he bound himself as principal debtor. In the absence of another legal subject, M was not “co-principal debtor” but the sole debtor. By postponing to inform R of the completed change in the business entity for more than five months after the company was incorporated and registered, M misrepresented to R that no change had occurred. In these circumstances estoppel was the applicable defence, notwithstanding the court’s finding. Creditors will be better off when they refrain from using old precedents containing contradictory formulations. They should rather compel the natural persons involved with their debtors as legal persons to sign only as principal or co-principal debtors and not as sureties. It is incomprehensible why the court held that R had no claim against M in this case; he remained the sole debtor for all liabilities due to R until such time when R was informed of the change in the legal entity of the business involved. No novation or delegation of the original debts were agreed to at all.
12
Gan, Peizhong, e Wengui Zhao. "On prosecution of civil liabilities of debtor’s senior managers in bankruptcy law". Frontiers of Law in China 4, n. 2 (20 maggio 2009): 217–35. http://dx.doi.org/10.1007/s11463-009-0013-4.
13
Lekso Todua, Lekso Todua. "Taxpayers' Rights and Their Protection Mechanisms". Economics 105, n. 4-5 (8 maggio 2022): 101–9. http://dx.doi.org/10.36962/ecs105/4-5/2022-101.
Abstract (sommario):
The constitution is a main source of taxation law. Constitutional provisions determine financial-legal policy of the country, including tax policy regulation principles. In their turn, taxes are the important tools of financial-legal policy pursued by the state. Fulfillment of liabilities related to repayment of taxes by physical and legal entities established by the Constitution secures national budget formation at all levels. That is why the liability established by the Constitution is of special, public-law importance that is predetermined by a public-law nature of the governmental authority. The tax payer has to fulfill all liabilities obliged to him/her related to repayment of taxes, otherwise, the other persons’ rights, as well as state interests will be violated that will be displayed in delayed execution of all functions and tasks assigned in accordance with the law. Tax liability is a variety of administrative liability. As is known, the liability for violation of law is imposed to a person committing an act. Recognition of the law violator’s heritor as the legal successor in relation to the law infringement, and imposition of a penalty for violation of law to the deceased person’s heritor contravenes the fundamental principle – unacceptability of liability without the blame for law violation and elimination of assignment of liability for the other person’s act. Proceeding from this fact, inheritance of the deceased person's blame is unacceptable. The penalty is not a part of inheritance, so its attribution to the heritor is unacceptable. According to 453rd article of the Civil Code of Georgia, the debtor’s death causes termination of obligations if their execution without his/her personal participation is impossible. Proceeding from the content of this article, in general, the debtor’s death doesn’t cause termination of obligation, and liability is extinguished only when the execution of obligations is impossible without personal engagement of the debtor. Keywords: norms, liability, law, constitution, tax.
14
Габов, Андрей, e Andrey Gabov. "Procedure for Exercising of Creditors’ Rights under Reorganization". Journal of Russian Law 4, n. 5 (4 maggio 2016): 0. http://dx.doi.org/10.12737/19090.
Abstract (sommario):
Reorganization of a legal entity entails significant risks for different stakeholders. These risks lie in the fact that as a result of reorganization of a legal entity, the structure of its assets and liabilities may cease to exist, or can significantly change. First of all, these risks affect creditors’ interests. Because of such risks the law provides special rights to creditors during reorganization of a legal entity – the debtor in respect of the obligation. Article 60 of the Civil Code of the Russian Federation grants creditors the right to demand early performance of obligations, should a legal entity – the debtor adopt the decision on its reorganization, and if early performance is not possible, to require the termination of obligations and compensation for losses. The article analyzes the procedure for exercising of creditors’ special rights during reorganization of a legal entity. The author analyzes the original text of the Civil Code and subsequent amendments. Relevance of the article is determined by the changes in the procedure for exercising of the rights of reorganized legal persons’ creditors, which were introduced to article 60 of the Civil Code in 2014. The author concludes that the legislator has failed to find a proper (optimal) balance of interests in the current regulation of the relations between creditors and reorganized legal entities — debtors.
15
Isanov, Kholmurod. "Force-Major Status in Tort Liabilities". International Journal of Social Science Research and Review 5, n. 4 (1 aprile 2022): 102–5. http://dx.doi.org/10.47814/ijssrr.v5i4.266.
Abstract (sommario):
Any force majeure situation is manifested as a separate event or incident with its own characteristics, signs, and affects different legal relations to varying degrees. The essence of this effect is that a force majeure situation leads to a breach of obligations because of unforeseen and unpredictable, urgent and sudden, unforeseen external circumstances that do not depend on the will of the parties to the legal relationship and innocent damage to the debtor. This article analyzes the civil-legal features of the force majeure situation in tort obligations. The role of force majeure as a basis for excluding tort liability has been studied and a scientific conclusion drawn.
16
Rutkauskas, Aleksandras Vytautas, Viktorija Stasytytė e Nijolė Maknickienė. "GOVERNMENT DEBT AS THE INTEGRAL PORTFOLIO OF ASSETS AND LIABILITIES GENERATED BY DEBT". Journal of Business Economics and Management 15, n. 1 (2 ottobre 2013): 22–40. http://dx.doi.org/10.3846/16111699.2013.815129.
Abstract (sommario):
The paper analyses the possibilities of optimal government (national) debt management, trying to maximize the made-up net value for the debtor with the help of funds borrowed by the government. The integral portfolio of debtor assets and debt service liabilities, based on the borrowed funds, is chosen as a solution for the above-described problem. In the paper, an asset is understood as a position of government expenditures, where funds borrowed by the government are used and create a quantifiable profit (value) or the measurable damage or loss is avoided if funds are borrowed. Actually, liabilities are the main debt service positions. Naturally, the value generated by assets, as well as funds spent to settle the liabilities, could be analytically adequately evaluated only in stochastic dimension. Consequently, multidimensional multicriteria stochastic optimization technique is used as a technical solution to the formulated problem. In analytical decisions, the budget funds borrowed by the government are treated as marginal funds. Taking into account a completely new decision technique that has been invoked for government debt management, the methods of decisions are described quite particularly.
17
Pratama, Nandi, e Mohamad Fajri Mekka Putra. "Juridical Analysis of PKPU Decision by The Court on Application for PKPU Revocation by The Debitor". Kosmik Hukum 23, n. 1 (10 gennaio 2023): 14. http://dx.doi.org/10.30595/kosmikhukum.v23i1.16969.
Abstract (sommario):
The purpose of this study is to find out how the judge's consideration in revoking the Delay of Debt Payment Obligation on the request of the debtor who has been determined to be Debt Payment Suspension, but there are findings of the calculation of the management team of Debt Payment Delay which states that the assets (Activa) of the debtor are still larger. of obligations (liabilites) so as to ask the Court to revoke the Suspension of Debt Payment Obligations. In addition, it is necessary to know how the legal impact that will be received by debtors and creditors on Decision Number: 53/Pdt.Sus-PKPU/2021/PN.Niaga.Jkt.Pst. This study applies a normative juridical research method that makes court decisions as primary legal material and occupies a position after legislation. The primary legal data or materials analyzed in this study are court decisions, namely Decision Number: 53/Pdt.Sus-PKPU/2021/PN.Niaga.Jkt.Pst dated April 12, 2021 and Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. Based on this research, it can be concluded that the application submitted by the debtor in the revocation of the Suspension of Debt Payment Obligations is appropriate because the revocation of the Suspension of Debt Payment Obligations is carried out by the Court based on the provisions stipulated in Article 295 Paragraph (1) of Law Number 37 of 2004 concerning Bankruptcy and Postponement Obligation for Payment of Debt, so that the Central Jakarta District Court has the authority to revoke the Suspension of Obligation for Payment of Debt at the request of the debtor.Keywords: Postponement of Debt Payment Obligations; Revoke PKPU; Bankruptcy; Commercial Court.
18
Stępińska, Joanna. "Consequences of Changes in Consumer Bankruptcy Regulations". Finanse i Prawo Finansowe 1, n. 37 (27 marzo 2023): 103–21. http://dx.doi.org/10.18778/2391-6478.1.37.06.
Abstract (sommario):
The purpose of the article/hypothesis: The aim of the article is to review and present changes to the consumer bankruptcy law and the implications of these changes for individual debtors.
Methodology: The study deals with the effects of bankruptcy proceedings against individual debtors who do not conduct business activity (remission of bankrupt's liabilities, or at least partial repayment of creditors by the debtors) together with the analysis of changes in the law. It will be used to verify the hypothesis that the liberalization of regulations has resulted in an increase in the number of consumer bankruptcy petitions filed, as well as open bankruptcy proceedings conducted against individual debtors.
Results of the research: The results of the analysis presented in the paper support the hypothesis that the liberalization of regulations in the area of consumer bankruptcy has resulted in a significant increase in the number of consumer bankruptcy petitions and open bankruptcy proceedings against individual debtors. It seems that as crucial as creating a possibility for the indebted to return to normality in the form of consumer bankruptcy, it is equally important to take care of the sense of equality in this process. It is vital to be aware that consumer debt relief comes at the expense of other market participants – obviously direct creditors but the general public as well.
19
Roche, Zach. "Life after debt: The governmentalities of debt relief". Irish Journal of Sociology 30, n. 1 (9 novembre 2021): 48–68. http://dx.doi.org/10.1177/07916035211053257.
Abstract (sommario):
To avoid a ‘tsunami’ of repossessions in the years following the global financial crisis, Ireland reformed its system of debt relief in 2013. For the first time Ireland was to have a state-of-the-art system to help debtors discharge their unpayable liabilities, at odds with the punitive Victorian system of bankruptcy which preceded it. While these changes were touted as ground-breaking and innovative, I demonstrate through original qualitative research with debtors, and the Insolvency Service of Ireland's (ISI's) operators that little has changed. When disaster strikes and debtors fall behind on payments, they are encouraged to undergo a process of soul searching and self-criticism involving reflection on their behaviour and finances. This article explores how this governmentalisation of debt and its relief creates responsible financial subjects fit for the market, simultaneously ensuring the stability of the fragile Irish credit system. The insolvency practitioners who run the service advise that only by confessing their wrongdoing (i.e. irresponsible spending), and making lasting change can they become worthy of debt relief.
20
Cajudo Orillaza, Faith. "Debtor’s and creditor’s stronghold: Bankruptcy chapter 7, 11 & 13". Westcliff International Journal of Applied Research 3, n. 1 (1 novembre 2019): 6–16. http://dx.doi.org/10.47670/wuwijar201931fco.
Abstract (sommario):
Bankruptcy law is created to protect debtors from the hands of creditors. This law ensures creditors repay loans by engaging in a particular process. The United States Congress has enacted a decree governing bankruptcy in the form of the Bankruptcy Code. The different types of bankruptcy will be referred to in this article by their chapters: Chapter 7, 11 and 13 (Justia, 2019). This article will identify the differences between these three chapters, their objectives, as well as the advantages and repercussions of each. Further, the non-dischargeable debts, recommendable actions for the filers, numbers of petitioners who have undergone bankruptcy cases, the financial ratio of the petitioners, the common denominator on the filers, and the methodology performed by the chief executive officer (CEO) of the four companies, Coldwater Creek, Kmart, SEARS and Toys “R” Us, will be analyzed. Additionally, the design and methodology for reviving each company that were implemented and applied by each CEO will be examined, and the reasons they were proven ineffective will be offered. By investing more, borrowing can become essential and, liabilities can grow beyond what could be repaid. This results in the filing of bankruptcy for protection from creditors.
21
علي, جابر محجوب, e طارق جمعة السيد راشد. "أثر جائحة فيروس كورونا المستجد على التزام المدين بالتنفيذ العيني لالتزاماته – دراسة تحليلية مقارنة في القانونين القطري والفرنسي". International Review of Law 9, n. 4 (giugno 2021): 11–38. http://dx.doi.org/10.29117/irl.2020.0135.
Abstract (sommario):
أدّت جائحة فيروس كورونا المستجد، وما تبعها من إجراءات الحد من انتشارها التي اتخذتها الحكومات، إلى إثارة التساؤل عما يمكن أن يقدمه القانون المدني من آليات لإقامة التوازن بين حق الدائن في اقتضاء التنفيذ العيني من جهة، وحق المدين؛ في ألا يجبَر على التنفيذ إذا صار مستحيلًا، أو أرهق إرهاقًا جسيمًا من جهة أخرى. ورغم ما يمكن أن تقدمه كل من نظريتي الظروف الطارئة والقوة القاهرة من حلول لهذه المشكلة، فإن الدراسة المتعمقة أثبتت أن نظرية الأجل يمكن أن تلعب دورًا لا يقل أهمية، بل إنها يمكن أن تقدم حلًا أفضل يكفل الإبقاء على العلاقة العقدية، ويحقق التوازن بين حقوق الدائن وحقوق المدين. ومن ثم جاءت هذه الدراسة في ثلاثة مباحث؛ عرضنا في الأول منها، لنظرية الظروف الطارئة كآلية لمواجهة آثار جائحة فيروس كورونا المستجد، وفي المبحث الثاني، تناولنا نظرية القوة القاهرة، كآلية لمواجهة آثار جائحة كورونا، والمبحث الثالث خصصناه لنظرية الأجل كآلية لمواجهة آثار جائحة فيروس كورونا المستجد.
22
Pétervári, Kinga. "How to Keep a Promise: Laymen Answers to the Financial Crisis". Periodica Polytechnica Social and Management Sciences 26, n. 1 (14 giugno 2017): 49. http://dx.doi.org/10.3311/ppso.10427.
Abstract (sommario):
This article is a case study, providing a possible interpretation of the current Hungarian financial-legal culture.How to apply those terms and conditions in long-term loan agreements in financial crisis, which are favourable or seemingly irrelevant in good times but turn out to be disadvantageous, sometimes even disastrous in bad times. How to calculate and allocate risks, what is acceptable and what is foreseeable to laymen? The focus here is on the laymen attitudes towards long-term contractual obligations and performances in the global financial crisis: whether debtors’ contractual obligations must be fulfilled, what should be construed as an excuse for non-performance, whether there should be measures designed to protect the debtors more, if yes, at whose expense – the creditors (rather preventive measures) or the taxpayers (rather restitutive measures) –, if no, how to allocate ideally the risks and liabilities, is profit-making an evil per se, that needs to be managed?
23
Rameshbhai, Ajmera Tushar. "An Empirical Study of Profitability And Liquidity in Selected Auto Two and Three Wheelers Companies in India". Journal La Bisecoman 3, n. 4 (14 aprile 2023): 151–57. http://dx.doi.org/10.37899/journallabisecoman.v3i4.778.
Abstract (sommario):
The main purpose of any business organisation is profit maximisation and meets current liabilities within a year. Profit is a soul of any business organization and liquidity effectively helps to generate profit for the business. Profitability and liquidity are most important aspect for the organisation to fulfil their desired goal. In this empirical study attempt is made for identification of profitability and liquidity in auto two and three wheelers companies, which are listed on stock exchange. The time span of 2011-12 to 2018-19 should be considered for the study and randomly three companies are selected for analysis and findings purposes. The major finding of the study Baja auto indicated comparative good profitability but hero motorcorps reveals comparative higher ratio out of selected companies. Hero Motorcorps and Bajaj auto have good comparative liquidity position then TVS Motors. In concern with statistical test Anova except Debtors turnover ratio all selected ratio are rejected mean selected companies have no significant difference in debtors turnover ratio during study period.
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Gavrilova, E. N. "MODERN TOOLS FOR MANAGING ACCOUNTS RECEIVABLE". Economic Science and Humanities 360, n. 1 (2022): 53–63. http://dx.doi.org/10.33979/2073-7424-2022-360-1-53-63.
Abstract (sommario):
The relevance of the chosen research topic lies in the fact that the liquidity and solvency of the enterprise depends on the effectiveness of accounts receivable management. The most important role in the system of accounts receivable management is played by methods of controlling the repayment of existing liabilities by debtors and tools for managing accounts receivable. Rational management of accounts receivable opens up the possibilities of the enterprise in the field of investment attractiveness, which further contributes to the development of the enterprise and increases the level of competitiveness in the foreign market of its activities.
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Kihara, Elias, e James Muturi. "Working Capital Management Practices on Profitability of Manufacturing Firms Listed in Nairobi Securities Exchange, Kenya". International Journal of Current Aspects in Finance, Banking and Accounting 5, n. 2 (26 ottobre 2023): 71–90. http://dx.doi.org/10.35942/w7mt2g66.
Abstract (sommario):
The major purpose for which any company is formed is to generate profits for the shareholders. Profits are meant to keep growing and not static if the business is to be sustainable. Profits refer to the gains used for the benefit of the business stakeholders and is generally calculated after a specified period of time, for example within a financial year. The profitability of a business can be described as the ratio that provides more information about the profit number benchmarked against a given point of reference like the investments or equity of a firm. Through the profitability, the company is able to determine its combined success in the market that is crucial to its growth and survival more so to manufacturing firms. Profitability ratios are also used in examining the financial health of a company. The profits of the 9 manufacturing firms listed in the Nairobi Securities exchange has been dwindling for the period under study triggering the researcher to want to know whether declining profits was in any way related to the working capital management practices. The general objective of the study was to investigate working capital management practices on profitability of manufacturing firms listed in Nairobi Securities Exchange. The specific objectives of the study were; to analyze the effect of cash holding management practices on profitability of manufacturing firms listed in NSE, to determine the influence of inventory management practices on profitability of manufacturing firms listed in NSE, to assess the effect of current liabilities management practices on profitability of manufacturing firms listed in NSE and to analyze the influence of debtors’ management practices on profitability of manufacturing firms listed. The research relied heavily on the cash conversion cycle theory, the profit innovation theory, and the credit theory. The research strategy used in this study was explanatory. Nine manufacturing companies trading on the Nairobi Stock Exchange were the focus of the research. Due to the small sample size, the research relied on census data. Secondary data was gathered from the publicly available financial statements of the targeted organizations for the time period. The data was analyzed using the 23rd edition of the Social Science Statistical Package (SPSS).It was decided to do a panel data analysis. Secondary data in the form of panel data was used for the study, which spanned the years 2014 to 2022. The way in which cash is handled by management has a major impact on the bottom line. The financial success of companies trading on the NSE's manufacturing index is also significantly impacted by how well they manage their inventories. A company's financial success is significantly impacted by how well it handles its current obligations and by how well it handles its debtors. According to the study's findings, NSE-listed manufacturing businesses' financial performance may be described by differences in cash holding management methods, inventory management practices, Current liabilities management strategies, and debtors' management practices alone. Based on the findings, it was suggested that NSE-listed manufacturing firms improve their financial performance by implementing better cash holding management practices, inventory management practices, Current liabilities management practices, and debtors' management practices.
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Pramono, Heru. "Legal Protection For Creditors To Ensure The Fulfillment Of State-Owned Enterprises (Persero)’S Liabilities In The Indonesian Legal System". Prophetic Law Review 5, n. 2 (1 dicembre 2023): 129–56. http://dx.doi.org/10.20885/plr.vol5.iss2.art1.
Abstract (sommario):
The professional management of State-Owned Enterprise Ltd. (Persero) will increase profits from business operations, which will in-turn increase state income. On the other hand, the less professional management of State-Owned Enterprises will lead to a negative impact due to economic losses. To prevent disputes between debtors and creditors when the Limited Liability State-Owned Enterprises (Persero) 1 suffers losses, the state has regulated a resolution through a bankruptcy mechanism to protect the rights of creditors. However, as a matter of fact, there are numerous inconsistent judicial interpretations regarding state capital participation in the State-Owned Enterprise Persero. In addition, disharmony of legal regulations has resulted in different views and understanding of judges regarding the legal position of State-Owned Enterprises in the implementation of bankruptcy and state finances. Based on these inconsistencies and disharmony, this study addresses three essential research questions: first, why is it necessary to apply legal protection to ensure that State-Owned Enterprises (Persero) fulfil its liabilities? Second, what will be the future legal protection for creditors to ensure that State-Owned Enterprises as debtors fulfil their liabilities? This normative legal research used statutory, conceptual, and case study approaches. This research concludes that legal certainty is needed to ensure creditor protection in the bankruptcy mechanism for State-Owned Enterprises. This legal certainty will only be achieved by changing the existing regulations through confirming the legal norm that the capital invested in the State-Owned Enterprise is the financial right of the State-Owned Enterprise Persero and is no longer included in state finances managed under the State Budget. This legal norm is necessary to avoid legal disharmony and inconsistency due to the diverse definitions of capital participation in State-Owned Enterprises (Persero) in bankruptcy decisions. This research initiates reformulation and clarity regarding the meaning of State capital participation in State-Owned Enterprises Persero.
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Tomchuk, Olena. "ANALYTICAL PROVISION OF COMPUTATIONAL OPERATIONS AND DIRECTIONS FOR THEIR IMPROVEMENT". Green, Blue and Digital Economy Journal 4, n. 1 (31 marzo 2023): 82–98. http://dx.doi.org/10.30525/2661-5169/2023-1-8.
Abstract (sommario):
The purpose of the article is the method of analysis of settlements with debtors and creditors and determination of directions for their improvement. Methodology. In the process of solving the tasks of scientific research, general and special methods of research were applied: descriptive-analytical method, systematic approach, method of analysis and synthesis, method of systematization, method of comparison, method of scientific generalization. Results. It has been proved that the anti-crisis management system should provide a proper approach to the enterprise's debts, for their effective management, ensure the optimal ratio of receivables and payables, prevent their overdue occurrence, systematically monitor payments. The current state of enterprise settlements is characterized by an unsatisfactory level of payment discipline of subjects of economic activity and requires strengthening of their control both by state authorities in the sphere of economic policy implementation and by enterprises themselves. It was determined that the main source of information is regulatory acts, accounting data and the main stages of analysis of accounting transactions. The analysis of the company's receivables allows to estimate the possible amount of income that can be received in the form of fines, penalties and fines from the debtors who are in arrears. Characteristics of qualitative changes of liabilities in the structure of the company's liabilities can be obtained using horizontal and vertical analysis of the balance sheet. Horizontal analysis allows to compare indicators of liabilities for different periods. The necessity of analyzing the dynamics of the accounting operations of a business entity is covered. The existence of overdue receivables, especially bad debts, which are classified as doubtful debts, as well as an unjustified increase in receivables in general, adversely affects the financial position of the Company and leads to a shortage of financial resources. Bad debts are eliminated by writing them off against the company's losses as receivables for which the statute of limitations has expired. Special attention should be paid to the date of incurrence of the payable debt, the term of its repayment, the time of delay in the return of the debt, the reasons for its incurrence. Practical implications. It is possible to accelerate the repayment of receivables by getting acquainted with the financial condition of buyers and gaining confidence in their further solvency, timely execution of settlement documents, granting discounts to buyers for shortening the terms of payment of invoices, introducing penalties for late payments, releasing goods to buyers on prepayment terms, etc. In order to effectively manage the liabilities of Trans-Market, LLC, it is necessary to monitor the ratio of receivables and payables, to monitor the status of payments for overdue receivables, to timely identify unacceptable types of liabilities, which primarily include overdue debts to suppliers, payments to the budget, etc. Value/originality. A comprehensive analysis of receivables and payables in the enterprise management system is optimal. It makes it possible to assess the real state of the company's receivables and payables, to identify "bottlenecks" in the management of this type of debt, and to develop measures aimed at reducing or recovering overdue or doubtful receivables.
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Bhatt, Dr Anil K., e Nirmala Shrotriya. "DOES WORKING CAPITAL HAS AN IMPACT ON PROFITABILITY OF INDIAN STEEL INDUSTRY". International Journal For Research In Business, Management And Accounting (ISSN: 2455-6114) 2, n. 3 (8 luglio 2021): 10–23. http://dx.doi.org/10.53555/bma.v2i3.1697.
Abstract (sommario):
Working capital has a major role in day to day business activities. It is simply defined as the excess amount of current assets over current liabilities. Working capital also means the fund which is needed for the operations which are taken place in a firm every day. So working capital is considered as a fund which revolves all the time. This revolving fund consists of continues conversion of cash and raw materials in to inventory, then inventory to sales or debtors and this debtors into cash or investment. The existing Working capital in the company is also commonly known as Net Working Capital or net current assets, is the excess if current assets over currentliabilities. But this is on a particular day i.e., 31st March’s position. While it is important to know whether the company really has correct level of WC which is required to them? For this purpose there is a need to find out the required working capital and its relation with the profitability. Thus, the research work has included measuring the impact of WC on profitability. Further there must be discussions with the accounting experts of the selected 10 steel companies to know what they feel about their desired level and actual level of working capital.
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Mamutse, Blanca. "Environmental liabilities in insolvency – an area ripe for reform?" International Journal of Law in the Built Environment 8, n. 3 (10 ottobre 2016): 243–68. http://dx.doi.org/10.1108/ijlbe-06-2016-0007.
Abstract (sommario):
Purpose The paper aims to examine the question whether legislative reform is the silver bullet for the problems generated by the failure of a company which is exposed to claims arising from the non-fulfilment of its environmental obligations. The limited capacity of the UK insolvency regime to facilitate the fulfilment of a debtor company’s environmental obligations is often illustrated with reference to some significant judicial decisions. However, no real picture has emerged of the frequency with which these issues arise, based on which firm proposals for reform could be advanced. This paper argues that greater regard should be paid to existing mechanisms which provide a means of enabling insolvency risks to be managed or minimised because these point towards the scope for these issues to be resolved through the environmental protection framework rather than through reliance on company and/or insolvency law. Design/methodology/approach Research was conducted into the statutory and non-statutory regulations (such as statutory guidance) and case law principles, which underpin the treatment of the claims against an insolvent (or potentially insolvent) company resulting from its environmental activities. This included research into policies which have a bearing on this area, developed through governmental and civic consultations and studies. Findings The paper concludes that the likelihood of a case for legislative reform being made out is weak, and the focus should accordingly shift to strengthening the effectiveness of existing law, policy and practice. Originality/value This paper is the first (in the UK context) to challenge the perceived need for reform in this area, engaging with recent examples of such corporate failures and the impact of recent legislative and policy developments.
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Er, Mevliyar. "The German consumer bankruptcy law and moral hazard – the case of indebted immigrants". Journal of Financial Regulation and Compliance 28, n. 2 (7 giugno 2019): 161–81. http://dx.doi.org/10.1108/jfrc-04-2018-0064.
Abstract (sommario):
Purpose The purpose of this paper is to investigate to what extent the increased insolvency filings by migrants since the enactment of the consumer insolvency law in 1999 is associated with moral hazard. It describes the profile of migrant debtors and highlights the areas of moral hazard. This study aims to propose changes to the consumer bankruptcy system. Design/methodology/approach Empirical evidence for this work consists of primary data from 435 individuals mainly with immigration background, who were declared bankrupt by district courts (Amtsgericht). Both qualitative and quantitative research types were used. Interviews helped to attain an in-depth understanding of the way in which any misconduct may take place. Quantitative data were gathered to understand the debt profile of migrant debtors, types of liabilities and creditors’ reactions to write-off requests. Findings The paper provides empirical insights about the way misconduct is pursued and suggests that neither party, i.e. the debtors through debt counsellors and creditors/factoring companies or their representatives, is entirely free of unethical practice. Hence, the paper stresses the need to establish public agencies, which provide joint mediation services for private debtors and their creditors alike. Research limitations/implications Data collected for the purpose of this study may not be comprehensive because given the sensitivity of the area of study that is misconduct – including breaking the law – not all machinations may have been revealed and described in this work. Therefore, further research needs to be conducted in this field. Practical implications The paper has implications for policymakers. Consumer bankruptcy system is relatively new and needs to be amended to allow debtors and creditors to negotiate write-offs not by sending countless letters through their respective representatives, which is also carried out over a long period of time, but to try to come to terms in one agency, which is responsible for both sides. Social implications The findings in this paper may provide some valuable insights, which could also give impulses to debates on problems that may come with immigration. Originality/value To the best of the author’s knowledge, no research exists that analyzes the topic at hand with such extensive data and using both methods of research at the same time.
31
Lukasheva, O. L., N. E. Novikova, V. A. Melnikov e A. A. Stepanov. "Developing the Efficient System of Organization Governance Based on Optimization of Its Counterpart Liabilities". Vestnik of the Plekhanov Russian University of Economics, n. 1 (14 febbraio 2022): 148–58. http://dx.doi.org/10.21686/2413-2829-2022-1-148-158.
Abstract (sommario):
The efficiency of any organization work and its financial wellbeing depend mainly on policy of managing debt receivable and its results. It is explained by the fact that debtor liabilities form the current company assets by 30–40% on average. To provide liquidity and solvency organization top management shall not allow the excessive immobilization of own working capital and its freezing in the form of non-repaid counterpart liabilities. At the same time to minimize debt receivable in current condition of company functioning is not possible. The principle cause of debt receivable rise is high competition on food and service market, due to which companies offer to their clients different conditions of settlement by contracts. This practice results in cash deficiency and can have a negative impact on finance standing of the company, which requires using different tools that could provide the timely repay of liabilities by counterparts. The article substantiates that only complex and systematic application of different methods of debt receivable optimization can give an opportunity to reach the result and raise efficiency of organization work. The effective control over debt receivable is possible, if the system is built that allows to get operative information and encashment of indebtedness without exposing the company to risks, as its excessive amount and low quality threaten profitability and solvency of the organization.
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Natig Mammadova, Nazrin. "THE SCOPE OF SURETY’S LIABILITY AND TYPES OF SURETYSHIP IN TERMS OF LIABILITY". SCIENTIFIC WORK 65, n. 04 (23 aprile 2021): 305–9. http://dx.doi.org/10.36719/2663-4619/65/305-309.
Abstract (sommario):
Suretyship agreement is one of the ancient personal security devices known from Roman law. This agreement pursues the aim to protect property interests of the creditor. Nowadays, it is especially concluded between the parties in order to ensure the performance of the debt contracts. Taking into account the essence of suretyship contracts in practice, the legal consequences emerging from the default of the main debtor have to be enlightened. That is why, the scope and characteristics of the surety’s liability in respect of joint and subsidiary suretyship are researched in this article. It illustrates the basis of the creditor’s right to resort to the surety, the comparative analysis of legislative norms regulating the types of surety’s liabilities with foreign legal systems. Key words: a basis of surety’s liability, types of suretyship agreement, joint suretyship, subsidiary suretyship, default by the debtor, co-sureties
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Munawarah, Munawarah, e Wenny Anggeresia Ginting. "Analisis Prediksi Kondisi Financial Distress Debitur Pasca Erupsi Gunung Sinabung". JUPIIS: JURNAL PENDIDIKAN ILMU-ILMU SOSIAL 11, n. 1 (18 giugno 2019): 21. http://dx.doi.org/10.24114/jupiis.v11i1.12222.
Abstract (sommario):
One of the factors causes financial distress is a natural disaster such as Eruption of Sinabung in Karo. By using the financial’s debtor performance (financial ratios), Bank officer has an analyzing system to detect the ability of the debtor to pay their liabilities. The aim of this research is to design prediction model and analyze whether Working Capital to Total Asset, Sales to total Asset, Total Debt to Total Asset, Total Debt to Total Equity, and Earning Before Interest and Taxes to Total Asset have significant influence to predict the financial distress or non financial distress of debtor while the Sinabung eruption is happening. The analysis method using Binary logistic with dummy data on the dependent variable. The result shows that only Total Debt to Total Asset has positive and significant effect to predict the probability of debitor’s financial distress. The possibility of predictions accurate is about 86,7%. The value Nagelkerke R Square is 67,8 % which indicates that the variation of financial distress and non financial distress’s probability can be explained by variation of Working Capital to Total Asset, Sales to total Asset, Total Debt to Total Asset, Total Debt to Total Equity, and Earning Before Interest and Taxes to Total Asset. While 32,2 % can be explained by others factor exclude of the research.
34
Wiszniowski, Edward. "Balance Sheet and Tax Aspects of Bank Debt Remission". Olsztyn Economic Journal 9, n. 2 (27 giugno 2014): 119–28. http://dx.doi.org/10.31648/oej.3169.
Abstract (sommario):
Tax and balance sheet aspects of bank debt redemption. This paper is devoted to the redemption of bank liabilities, which constitutes one of the tools used by banks in the re-structuring of borrowers' debts. This is not an optimal form of shaping the relationship between the creditor and the debtor but under certain conditions, in the case of a partial redemption or redemption of a certain components of the debt, it may at least partially off-set the outstanding claims of the creditor. From the point of view of the banks, in the case of debt relief, tax laws should be considered restrictive as they contain a very limited cost catalogue qualifying them to be considered as revenue costs. From the perspective of the balance sheet, liability redemption tends to be the most neutral because the banks are obligated to perform regular write-downs on receivables. Debt redemption usually occurs after possible execution alternatives against the debtor have been pursued, and therefore when a full write-down has been created on bank's liability.
35
Hamman, W. D., I. J. Lambrechts e F. J. Mostert. "Finansiële beoordeling van landboukoöperasies". South African Journal of Business Management 19, n. 1 (31 marzo 1988): 22–25. http://dx.doi.org/10.4102/sajbm.v19i1.966.
Abstract (sommario):
This article covers a financial evaluation of 31 representative agricultural co-operatives. Although the ratio of the members' interest to the total assets remained reasonably constant during the study period, the share capital and reserves decreased relatively to the total assets. According to the financial evaluation, it is clear that there is a high gearing ratio, because about 75% of the total capital structure consists of loan capital. Although the asset structure showed no substantial change, the composition of current assets (which represented about 75% of the total assets) changed significantly. The debtors increased considerably whilst a decrease in the inventory cancelled this increase. Therefore it is apparent that the co-operatives fulfil the functions of financial institutions to a large extent. Looking at the liquidity position, the current assets increased relatively to the current liabilities, while a defensive financing policy was applied because the fixed assets, investments and intangible assets were financed by long-term capital. An analysis of the turnover ratios showed that the amounts of the total assets, debtors and current assets increased more rapidly than the sales volume, which may be the result of a more liberal credit policy towards members, the drought in certain parts of the country as well as an over-capitalization of the co-operatives. Although the average profitability was rather low, it must be seen against the background of a service rendered instead of a striving towards a profit. According to available information, it appears that the ability to meet their interest obligations deteriorated seriously since 1982.
36
DVORNYK, Inna. "The methodological aspects of assessment of solvency and liquidity of agricultural enterprises". Economics. Finances. Law, n. 3 (20 marzo 2020): 27–32. http://dx.doi.org/10.37634/efp.2020.3.6.
Abstract (sommario):
In modern conditions, the search for opportunities to strengthen the financial position and increase financial stability becomes a priority task of business entities, which is solved by means of a comprehensive systematic analysis of the enterprise. The purpose of the paper is to analyze the existing methodological approaches to assess the liquidity and solvency of an agricultural enterprise and to determine the directions of their improvement. Solvency is the presence in the enterprise of funds for repayment by them in due time and in full of their debt obligations arising from credit and other transactions of a monetary nature. Liquidity is a way to maintain solvency. Liquidity of an enterprise includes the concepts of liquidity and balance sheet liquidity. The article summarizes the classification of assets and liabilities of the balance sheet and defines the conditions of its absolute liquidity. The method of estimation of solvency and liquidity indicators is presented. The main factors, that influence the on the level of solvency of an agricultural enterprise, are summarized: nature of the enterprise activity, stock status, terms of settlements with debtors, state of accounts receivable. Areas of increase of solvency are distinguished: ensuring balance of assets and liabilities, increase of sales volumes and reduction of expenses, coordination of plans of production and sale, ensuring of uninterrupted work of the enterprise, attraction of long-term loans for financing of capital expenses, rational management of available financial resources, including determination of optimal volumes of production stocks control over the shipment of products, compilation of receivables, management of receivables, the collection of receivables in the next period, the use of modern forms of refinancing.
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Wadesango, Ongayi, Victor Jones, Lovemore Sitsha e Newman Wadesango. "The Impact of Covid-19 Lockdown on Working Capital Management and Profitability of Firms: A Case Study of Lesley Bakers PVT LTD". International Journal of Economics and Financial Issues 12, n. 5 (19 settembre 2022): 78–85. http://dx.doi.org/10.32479/ijefi.13302.
Abstract (sommario):
This research study was carried out to analyse the impact of Covid-19 Lockdown towards working capital management and profitability of companies. The main complications faced were loss of market whilst operational costs remained on the same level. Enforcement of lockdown regulations such as curfews and intercity travel bans posed a threat in profit statuses of many firms. A challenge also faced was reduction of workforce to meet World Health Organisation requirements of social distancing and health safety protocols. The researchers applied quantitate descriptive research design to gather data from the baker’s employees. Questionnaires were used to collect data. Lesley was driven by the conservative approach techniques whereby it was required to reduce receivables from customers, maintaining high stocks, and timely settlement of liabilities. However, following the covid-19 global pandemic which led to many business operations being ceased and many of the organisation's clients which are in the formal sector to be highly affected resulting in the delaying of amounts due. The sudden increase in debtors would result in cash shortages to fund other operations and pay the current liabilities. Furthermore, the findings indicated slow payment by credit customers meaning that most of the firm’s accounts receivable remains outstanding for a long period of time. This is evidenced by high percentages of accounts receivable compared to other current assets of the firm. The researchers found that effective working capital management techniques had to be applied to continue operations. The researchers recommend companies to minimize their operational, production and capital expenditure in response to reduced market forces. Government support should be granted to local firms since they are no longer importing materials or exporting products, whilst the firm apply efficient working capital techniques.
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S. Birih, Andreas Sugara. "PERJANJIAN ALIH DEBITUR YANG DIBUAT DIBAWAH TANGAN BERDASARKAN KETENTUAN PASAL 37 PERATURAN PEMERINTAH NOMOR 24 TAHUN 1997 TENTANG PENDAFTARAN TANAH". JURISDICTIE 9, n. 1 (30 giugno 2018): 109. http://dx.doi.org/10.18860/j.v9i1.5023.
Abstract (sommario):
This research aims to review and analyze the implication of over credit agreement made personally in the perspective of Government Regulation Section 37 Number 24 Year 1997 regarding Land Registration. This is a juridical normative using legislation and conceptual approaches. Legislation approach is used to analyze problem and relate it with the regulation of over credit. by relating to the provisions of the laws and regulations relating to the implementation of agreement for the transfer of debtor liabilities. Conceptual approach is used to review over credit agreement as a habitual concept in the society. The result shows that private agreement on over credit is invalid because it is against the good will principle which become one of requirements in an agreement ruled in the section 1320 of Civil Code.
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Sucia, Yossiramah. "Kedudukan Hukum Harta Waris Sebagai Objek Jaminan Hak Tanggungan Dalam Kewarisan Islam". Journal of Education, Humaniora and Social Sciences (JEHSS) 5, n. 2 (18 novembre 2022): 1489–96. http://dx.doi.org/10.34007/jehss.v5i2.1484.
Abstract (sommario):
This study aims to find out, understand and analyze how the background of the occurrence of collateral for the inheritance which is the object of the mortgage guarantee auction, the process of raising liabilities on the inheritance that are used to make loans for debt repayments and legal positions that are used as collateral for liabilities according to the Islamic heritage. The issue is focused on the legal status of the inheritance, which guarantees the rights and completion of each heir. This problem uses the theoretical referencing of the mertokusumo theory as the theory of legal certainty. The data collected through library research methods are juridical normative and analyzed qualitatively. The results of the study indicate that the inheritance that becomes the mortgage remains a guarantee for repayment by the bank, the bank has the right to execute the collateral which cannot be contested. Execution is carried out on a court decision. The legal position of inheritance according to Islamic inheritance concerning the rights of each heir is the debtor as one of the heirs to settle in deliberation and kinship while still giving the rights of each heir based on Islamic inheritance which has been regulated in the Al-Qur'an Surat Annisa’: 11 the concept of the amount of distribution of inheritance in the Qur'an has regulated proportionally the rights of each heir in the distribution of inheritance. Islam has regulated the balance of rights and obligations for each child fairly.
40
Muryati, Dewi Tuti, B. Rini Heryanti e Dharu Triasih. "KAJIAN NORMATIF ATAS KEPAILITAN BUMN (PERSERO) DALAM KAITANNYA DENGAN PENGATURAN PERSEROAN TERBATAS". Jurnal Dinamika Sosial Budaya 17, n. 1 (8 giugno 2015): 29. http://dx.doi.org/10.26623/jdsb.v17i1.500.
Abstract (sommario):
<p><em>Bankruptcy problem to Warm Up State Belonging Effort in praktik jurisdiction is still to be felt haven't available perception equation among practitioners sentences notably judges. On latterly there are many Effort Body Belongs To State notably get Persero's form that supplicated by bankrupt at Commerce Justice. Position Warms Up State Belonging Effort as body of civil law can as creditor and get too as debtor. If Effort Body Belongs To State have book debt and have maturity value but its book debt nonpayment, therefore bases UU No. 40 Years 2007 about limited liabilities and UU No. 37 Years 2004 about bankruptcy and Paying liabilities Pauses Book Debts therefore necessarily gets to be supplicated by bankrupts. But with marks sense arrangement about state wealth accompaniment in capital BUMN Persero who gets bearing with arrangement about state finance, therefore then evoking various opinion hits BUMN'S bankruptcy in particular that gets to form Persero. Based on on that condition, this research is done for menganalisis arrangement hits bankruptcy to BUMN Persero in its bearing with limited liability bankruptcy bases UU No. 37 Years 2004, effect law for the parties to bankrupt statement on BUMN Persero, and BUMN Persero's bankruptcy if concerned by state asset position in BUMN. Observational exterior target this is yielding scientific opus observational one be publicized on journal. Approximate methods who will be utilized deep observational it is normatif's judicial formality approaching. Ala does this research descriptive analytical, which is with give picture specially up on aught fact. Data collecting is done through</em></p><p><em>studi bibliography and studi is document that as data of secondary and that dianalisis will kualitatif's ala. Based yielding observational acknowledged that deep Section 2 sentences (5 ) UU No. 37 Years 2004 just manage blurs only about bankruptcy BUMN which is just concerns BUMN that moving at public behalf area and not give detail's ala formulation, remembering terminological BUMN UU No. 19 Years 2003 is Perum and Persero. Hereafter been known that bankrupt statement application to BUMN Persero, will take in law effect to debtor and the parties which is available one needs dimintakan by particular party and given institution assent or Rule of Reason , but there is also that prevailing by that law, e.g. confiscate common. Known too that with publishes it Supreme Court letter No. WKMA / Yud / 20 / VIII / 2006 dates</em></p><p><em>16th August 2006 and publish PP No. 33 Years 2006 is next to be followed Finance Minister statement which is corporate Credit managements States / Region is done bases UU limited liabilities and UU BUMN, thing such it if bankruptcy happening on BUMN Persero. </em></p>
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Prusak, Błażej, e Paweł Galiński. "Approval of an Arrangement in the Restructuring Proceedings and the Financial Condition of Companies Listed on the Stock Exchanges in Warsaw. Is There Any Relationship?" Journal of Risk and Financial Management 14, n. 11 (1 novembre 2021): 523. http://dx.doi.org/10.3390/jrfm14110523.
Abstract (sommario):
This paper attempts to identify the financial indicators differentiating companies that are insolvent or at risk of insolvency and have successfully entered into an arrangement with their creditors from those that have not. In addition, a two-factor model for predicting the odds of an arrangement has been proposed. The research was conducted using a population of companies listed on stock exchanges in Warsaw that initiated restructuring proceedings between October 2004 and 31 December 2020. Binary logistic regression was used as the research method. The research shows that the financial health of public companies in Poland, as measured by various financial indicators, has little impact on the effectiveness of a debtor–creditor arrangement. The main measure showing discriminatory features between groups of successful and unsuccessful entities is the share of short-term liabilities in total liabilities. A statistically significant influence was also recorded for the indicator showing the share of short-term receivables in the total assets. Furthermore, a statistically significant discriminatory power for both groups was recorded for the indicator showing the ratio of inventories to sales revenue. However, in this situation the selection of this measure was due to the industry diversity of the research population. The identification of these determinants and the proposed model may help courts and supervisors to divide insolvent companies into those that should be subject to liquidation or restructuring procedures at an early stage of the proceedings. Consequently, this can significantly reduce the direct and indirect costs of implementing bankruptcy proceedings.
42
Yakimova, V. A., e A. A. Orekhova. "Tax debt as a threat to the economic security of the Russian Far East". Financial Analytics: Science and Experience 13, n. 2 (28 maggio 2020): 216–42. http://dx.doi.org/10.24891/fa.13.2.216.
Abstract (sommario):
Subject. The article addresses the tax liabilities of taxpayers registered in the subjects of the Far Eastern Federal District, which should be paid to the consolidated budget of the Russian Federation, as well as the factors of the said debt growth. Objectives. Our aim is to assess the level of tax debt of regions of the Russian Far East and identify the correlation between the factors and the amount of tax debt. Methods. The study rests on methods of analysis, generalization, grouping, systematization, and the correlation and regression analysis. Results. We analyzed the level of tax debt for the entire Far Eastern Federal District and by region, identified factors affecting the growth of tax debt therein. The paper assesses the structure of tax debt by type of taxes and activity of debtors. The unveiled factors may help control changes in the size of tax debt in the Russian Far East and develop effective measures to improve the debt collection. Conclusions. The study shows that there is an increase in the tax debt in the regions of the Russian Far East, in the VAT in particular. The factor analysis revealed that the volume of sales of wholesale enterprises, investment in fixed capital, the consumer price index have the largest impact on the amount of tax debt.
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Alexander Petruk, Olena Lagovska, Nataliya Vyhovska e Volodymyr Vyhovskyi. "DEVELOPMENT OF METHODOLOGICAL PRINCIPLES FOR CREDITWORTHINESS ASSESSMENT AS A BASIS FOR CREDIT RISK IDENTIFICATION OF THE BANK". European Cooperation 9, n. 40 (31 ottobre 2018): 29–39. http://dx.doi.org/10.32070/ec.v9i40.25.
Abstract (sommario):
The work deals with the methodological principles for creditworthiness assessment of the borrower, which serves as the basis for determining the bank credit risks and directions for improving the regulation. The authors took into account the off-balance sheet liabilities in order to improve the methodology of assessing the borrower's creditworthiness, which allowed to increase the accuracy of the bank's credit risk assessment and is the basis for effective management decisions on the credit approval. As a result of the analysis of methodological support for assessing the borrower's creditworthiness, the authors have proven the effect on the integral index and debtor class. These studies confirmed that their legal regulation is a prerequisite for the effective implementation of a new methodological approach to the creditworthiness assessment in banking institutions. The article defines three regulatory levels of the creditworthiness assessment of the borrower-legal entity (international, national and interbank) and directions for improving regulation at the national level, as well as at the domestic one.
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Das, Udaibir S., Yinqiu Lu, Michael G. Papaioannou e Iva Petrova. "Sovereign Risk and Asset and Liability Management—Conceptual Issues". Journal of Reviews on Global Economics 2 (27 agosto 2013): 330–55. http://dx.doi.org/10.6000/jrge.v2i0.1379.
Abstract (sommario):
Country practices towards managing financial risks on a sovereign balance sheet continue to evolve. Each crisis period, and its legacy on sovereign balance sheets, reaffirms the need for strengthening financial risk management. This paper discusses some salient features embedded in the current generation of sovereign asset and liability management (SALM) approaches, including objectives, definitions of relevant assets and liabilities, and methodologies used in obtaining optimal SALM outcomes. These elements are used in developing an analytical SALM framework which could become an operational instrument in formulating asset management and debtor liability management strategies at the sovereign level. From a portfolio perspective, the SALM approach could help detect direct and derived sovereign risk exposures. It allows analyzing the financial characteristics of the balance sheet, identifying sources of costs and risks, and quantifying the correlations among these sources of risk. The paper also outlines institutional requirements in implementing an SALM framework and seeks to lay the ground for further policy and analytical work on this topic
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Chovniuk, Yurii, Petro Cherednichenko, Olga Ostapushchenko e Olena Mischenko. "IMPROVING THE EFFICIENCY OF CURRENT ASSET MANAGEMENT ASSETS AND SHORT-TERM LIABILITIES OF URBAN DEVELOPMENT ENTERPRISES". Urban development and spatial planning, n. 82 (3 febbraio 2023): 324–40. http://dx.doi.org/10.32347/2076-815x.2023.82.324-340.
Abstract (sommario):
The article proposes an approach that takes into account inflationary factors in the tactics of financial management, namely in the processes of managing current as-sets and short-term liabilities of enterprises involved in urban development (a rein-forced concrete plant, a house-building enterprise, etc.). The most important point here is the choice of the level of the interest rate at which discounting is performed. This value is commonly referred to as the comparison rate. An important point in deter-mining the interest rate used for discounting is the consideration of risks. Since the risk in the analysis of production investments, regardless of its specific forms, ultimately appears in the form of a possible decrease in the real return on capital compared to the expected one, and this decrease again manifests itself in time, therefore, as a general recommendation for taking into account possible losses from reduction in returns, in-flationary depreciation of money, etc. it is usually proposed to introduce an amendment to the level of interest rate characterizing the yield on risk-free investments (for ex-ample, in short-term government securities), i.e. to add a certain risk premium that takes into account both the specific risk associated with the uncertainty of receiving income from a specific investment of an enterprise involved in urban development (a reinforced concrete plant, a house-building plant, etc.) and the market risk associated with the situation. This approach is particularly relevant in Ukraine today, with the ongoing war with Russia. The study presents the basic principles of tactical financial management of Ukrainian urban development enterprises in the context of high infla-tion, which relate to the following 1) volumes and speed of turnover; 2) net debtor position; 3) dynamics of enterprise prices and the method of calculating weighted av-erage prices; 4) changes in consumer costs when prices for raw materials, energy, equipment, etc.; 5) the policy of using of free cash of the enterprise in case of infla-tionary depreciation.
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Polyakov, R. В. "FORMATION OF ASSETS AND LIABILITIES OF A DEBTOR LEGAL ENTITY IN THE BANKRUPTCY (INSOLVENCY) PROCEDURE ACCORDING TO THE LEGISLATION OF UKRAINE AND GERMANY". Scientific notes of Taurida National V.I. Vernadsky University. Series: Juridical Sciences, n. 3 (2022): 14–22. http://dx.doi.org/10.32782/tnu-2707-0581/2022.3/03.
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Danylkiv, Khrystyna, Khrystyna Gorbovа e Yurii Paida. "Application of ABC and XYZ-analysis to optimize receivables (on the example of "Komunpostach" LLC)". INNOVATIVE ECONOMY, n. 1-2 (2020): 59–64. http://dx.doi.org/10.37332/2309-1533.2020.1-2.9.
Abstract (sommario):
Purpose. The aim of the article is to carry out a detailed analysis of the effect of receivables on the economic activity of the entities in terms of market relations and providing specific recommendations on their effective use and circulation in the activities of LLC "Komunpostach". Methodology of research. General and special methods of scientific knowledge are used in the course of the research, namely: critical analysis, scientific abstraction and generalization of scientific experience from modern theoretical researches (while studying theoretical principles and scientific approaches to the management of accounts receivable); statistical analysis (in generalization of trends, conditions and peculiarities of the formation of accounts receivable, management of accounts receivable of the enterprise of "Komunpostach" LLC); classification and analytical, abstract and logical (development of conceptual model of receivables management of the enterprise of “Komunpostach” LLC); optimization (when modelling the structure of accounts receivable of Komunpostach LLC); graphic (for visual and schematic reflection of theoretical and practical research results). Findings. The recommendations for improving the receivables management of "Komunpostach" LLC are given. In particular, it is grouped by the method of ABC analysis of corporate debtors. The method of transition to the combined policy of financing of current assets is offered, which will allow to optimize terms and amounts of accounts payable of "Komunpostach" LLC. Originality. Methodical approach to managerial decision making on optimization of accounts receivable for goods based on modelling of its structure by grouping counterparties by the criteria of timely debt repayment, in which, unlike the existing ones, both microeconomic and macroeconomic factors are taken into account receivables, which makes it possible to increase the degree of validity of decisions in the relationship of the company with the debtors. Practical value. The constant expansion of the credit market of Ukraine and the emergence of new forms of debt and credit relations in the practice of domestic enterprises, together with changes in the external environment and a complex system of legal acts, require the enterprises new methodological approaches to the management of accounts receivable. A scientifically sound debt management system can make a significant contribution to improving the efficiency of any business. Key words: Accounts Receivable; ABC and XYZ analysis; Matrix; Enterprise Resources; Liabilities and Debt Requirements; Accounts Receivable Management.
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Nugraheni, Ninis, Hening Arifanda e Alifihan Astaftiyan. "Public Procurement Contract for Goods and Services Following the Presidential Decree Number 12 of 2020 on the Stipulation of the Coronavirus Disease (Covid-19) Pandemic as a National Disaster". PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 07, n. 02 (2020): 229–49. http://dx.doi.org/10.22304/pjih.v7n2.a5.
Abstract (sommario):
The Covid-19 Pandemic affects many sectors. Therefore, the Indonesian Government passed the Presidential Regulation Number 12 of 2020 to manage the Pandemic. Unfortunately, this regulation has evoked various interpretations on the disaster contingency as a foundation to apply force majeure condition. The Government’s policies of budget refocusing and reallocation to manage the Covid-19 Pandemic have brought significant effects on goods and services procurement contracts. This condition may lead the Government into default, and it is force majeure. Therefore, the Government is discharged from any liabilities. Consequently, it may injure contractors of procurement. This study aims to investigate the actuality of such procurement contracts following the Presidential Regulation. This study is a normative law research. Based on the Presidential Regulation, the force majeure condition is likely to be applied on procurement contracts. However, the condition does not immediately nullify or terminate the contracts. They remain legally valid and binding. In case of a condition permanently prevents debtor to fulfill obligations, contract can be terminated. In case of a condition temporarily prevents the contract’s implementation, the best solution to encourage conducive business climate is renegotiation that is legalized by contract addendum.
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Nugraheni, Ninis, Hening Arifanda e Alifihan Astaftiyan. "Public Procurement Contract for Goods and Services Following the Presidential Decree Number 12 of 2020 on the Stipulation of the Coronavirus Disease (Covid-19) Pandemic as a National Disaster". PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 07, n. 02 (2020): 229–49. http://dx.doi.org/10.22304/pjih.v7n2.a5.
Abstract (sommario):
The Covid-19 Pandemic affects many sectors. Therefore, the Indonesian Government passed the Presidential Regulation Number 12 of 2020 to manage the Pandemic. Unfortunately, this regulation has evoked various interpretations on the disaster contingency as a foundation to apply force majeure condition. The Government’s policies of budget refocusing and reallocation to manage the Covid-19 Pandemic have brought significant effects on goods and services procurement contracts. This condition may lead the Government into default, and it is force majeure. Therefore, the Government is discharged from any liabilities. Consequently, it may injure contractors of procurement. This study aims to investigate the actuality of such procurement contracts following the Presidential Regulation. This study is a normative law research. Based on the Presidential Regulation, the force majeure condition is likely to be applied on procurement contracts. However, the condition does not immediately nullify or terminate the contracts. They remain legally valid and binding. In case of a condition permanently prevents debtor to fulfill obligations, contract can be terminated. In case of a condition temporarily prevents the contract’s implementation, the best solution to encourage conducive business climate is renegotiation that is legalized by contract addendum.
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Azkal Azkia e Safira Mustaqilla. "PENERAPAN PRINSIP PRUDENTIAL BANKING PADA PEMBIAYAAN KREDIT USAHA RAKYAT MIKRO: STUDI PADA BANK SYARIAH INDONESIA CABANG BANDA ACEH". Al-Mudharabah: Jurnal Ekonomi dan Keuangan Syariah 5, n. 1 (28 aprile 2024): 97–116. http://dx.doi.org/10.22373/al-mudharabah.v5i1.4540.
Abstract (sommario):
Kredit Usaha Rakyat (KUR) is a credit facility to middle to lower class customers that issued by banking industries in Indonesia, which focusses on aspects of livestock, trade, and agriculture. PT Bank Syariah Indonesia, Banda Aceh is one of bank company which issues this product and always applies prudent banking principles, especially in financing. The application of the prudential principle is carried out starting from the beginning of the debtor applying for credit analysis of KUR financing until the financing is paid off. This type of research is a qualitative descriptive approach through case studies. The result finds that the application of prudential banking principles applied to the company can be seen from the various provisions set by Bank Indonesia. The provisions of the prudential principle are the Capital Adequacy Ratio (CAR), namely the maximum credit provision (Maximum Lending Limit), the allowance for productive asset liabilities, and the provisions that regulate banking itself. The company can be seen from non-performing loans, it seems that their non-performing loans originated from year to year are increasing even though they have implemented the prudential principle, but there are still non-performing loans.