Business Law

How to Promote Yourself & Your Business Without Feeling Sleazy

2021-08-14T13:07:00.001+06:00

As a small business owner and leader, promoting your business and promoting yourself is essentially the same thing. But in today’s world of social media, many people are turned off by what they consider to be narcissistic self promotion. No one wants to be “that person.” However, there is a way to promote your business in a tasteful, professional way.

In this episode, Tricia and LZ will talk with Debby Stone, the founder and CEO of Novateur Partners and author of The Art of Self-Promotion. Debby will share her great ideas on how to get over the discomfort of self-promotion and how to promote in a way that’s tasteful, professional, and connects with others – instead of turning them off.

How To Hire A Reliable Virtual Assistant: 5 Considerations

2021-08-14T13:06:00.002+06:00

You’ve worn all the hats. You’ve juggled all the balls. You’ve literally done it all. And your business has begun to flourish because of all your hard work and endless hours – but now, it’s time to hire your first virtual assistant.

Do you do what conventional thinking says and go find a building to fill with desks where people can sit for a solid eight hours? Or do you stop the hamster wheel before it starts and think virtual? A workplace that exists no matter where people sit and still moves your business in the right direction.

So you research. You create a written company policy for future virtual employees. You determine what position you need to hire first – virtual assistant. Got it? Good.

Now what?

That question still stumps even the most robust, seasoned HR departments so you’re not alone in not knowing quite what your next step should be.

So here are five tips to help you navigate the process of hiring your very first virtual assistant in order to ensure that both you and your new assistant succeed.

Innovative, oil-free compressed air solutions for the pharmaceutical industry

2021-08-12T11:21:00.002+06:00

CompAir have been at the forefront of compressor design and manufacture for over 200 years, and are committed to quality, innovation and understanding the customers’ individual business and operational requirements. Not only meeting, but exceeding quality and production objectives for industries across the globe.

Sustained efficiency is vital within compressed air solutions for both reducing operational costs and optimizing installations. Committed to developing environmentally friendly solutions, we ensure that our customers meet the demands of climate change legislation - reducing their carbon footprints by cutting energy bills and simply operating more efficiently.

Whether it is needed for food and beverage or chemicals production, supply of pharmaceuticals, electronics or sensitive components, manufacturers will no longer accept the risk of product or equipment contamination.

6 Legal Requirements for Small Busienss

2020-05-16T22:23:00.004+06:00

Launching a small business is both exciting and challenging. You’ll have to consider some legal requirements involved so your business operates with all of the required licenses and permits.

There are at least are 6 important legal requirements to review and understand before launching your small business. The are as follows:

1. Register Your Business Name

2. Get an EIN

3. Determine Your Business Structure

4. Prepare to Pay State and Local Taxes

5. Get Required Business Permits and Licenses

6. Create a Compliance Plan

The shape of the law in private judicial law

2016-06-17T00:57:00.000+06:00

Paragraph 3 - The shape of the law in private judicial law.

- 2 codes that try to summarize the work accomplished since 1958.
- Both codes were CODE OF CIVIL PROCEDURE and the Judiciary Code (Code of Judicial Organization). CODE OF CIVIL PROCEDURE concerns only the rules of civil procedure, whereas in the COJ there are rules on the establishment, operation and competence of the courts.

- The CIVIL PROCEDURE CODE is actually the heir of the old CODE OF CIVIL PROCEDURE established April 14, 1806 and entered into force in 1807. At the time it entered into force, the CIVIL PROCEDURE CODE has not abrogated all other provisions of the 1806 CIVIL PROCEDURE CODE the law of 20 December 2007 has permanently revoked the code 1806 and given to the CODE oF CIVIL PROCEDURE .

- Despite the existence of the COJ and CODE OF CIVIL PROCEDURE, any matter relating to the private judicial law are not covered. July 9, 91 law concerning civil enforcement procedures, with decrees. A bill is in court to give parliament the authority to codify the laws of civil enforcement procedures.

Growing Influence of constitutional law in civil proceedings.

2016-06-17T00:55:00.000+06:00

Articles 34 and 37 of the Constitution: the division of powers.

- Before 5th Republic, the rules of civil proceedings belonged to Parliament. The regulations only intervened to clarify the law.

- In 58, sections 34 and 37 state that a number of matters reserved to the legislative field, but everything else is full field.
→ Much of Civil Procedure is not in the list reserved in parliament. The government thus controls mainly the private judicial law.

- Reporting to the legislative area the judiciary namely the creation of new jurisdictions, the status of judges and executions channels.

- All matters of procedures, the government in power, via the decrees, change old rules and develop the new rules, even though the old rules were laws.

→ For example, the code 1806 which was a law was changed by decree from 1958, 60 and 65 to the new civil procedure code.
→ Advantage is that the civil proceedings is kept up to date.

→ Disadvantage is that the texts production system is opaque, no public debate. They are the result of work by departments. This right ahead without any parliamentary control. There may be pressure groups.

→ This regulatory source established great instability in the material, but the material is very reactive blow.

B - result of this division of powers.

- The EC considers civil procedure law. The procedural decrees are subject to the dual control (upstream and downstream). Ex. Cancellation by the EC of certain articles of CODE OF CIVIL PROCEDURE soon after their adoption.

- Growing Influence of constitutional law in civil proceedings. This movement is shown by a reinstatement of part of civil proceedings in the scope of Article 34 (fundamental guarantees granted to citizens for the exercise of civil liberties), and by a decision of the Constitutional Council 30 July 82, it was decided that parliament could legislate on the procedure without incurring censure as unconstitutional. Moreover, the Constitutional Council has developed a jurisprudence on the constitutional principles of organization and procedure should respect the parliament and others.

Civil Procedural laws are not retroactive but are immediately applicable principle

2016-06-17T00:53:00.000+06:00

The new law necessarily causes disturbances in the middle of a process and civil procedure. This matter is the subject of almost constant reform. Generally, the legislature take the necessary measures within its law to postpone the entry into force of the new law in time.

- Civil Procedural laws are not retroactive but are immediately applicable principle.

- If legislation comes a proceeding is pending:
→ If the legislature provided for transitional arrangements, then there is only respect.
Traditionally, the civil laws this doctrine procedures as laws derogating from Article 2 of the Civil Code under which the laws do not have retroactive effect. The rules of procedure being pure form, be retroactive unlike the laws of the bottom. But the laws of Civil Procedures ARE NOT RETROSPECTIVE provided.

The new law, however, has vocation to apply immediately to pending cases = 1962 Supreme Court
Of the acts already performed at the time the procedure is changed, if the law is Judicature (we decided to change the jurisdiction of a court), then in this case, the new law will apply to proceedings underway immediately, and the trial will be transferred. This may require to reintroduce an instance. This retro-activity is unfortunate because if the judge was ready to make a decision, it will be necessary for litigants to commence the trial before a new court.

→ This rule is tempered, and if we consider that the original court has already ruled that interests the merits of the case, then the old law jurisdiction will continue to apply.

→ If you change a rule of procedure (not skill), the new law applies without retroactive effect on the actions already undertaken, but with an immediate effect on the ongoing proceedings. Except before the Supreme Court has no immediate application.

In evidentiary material : the new provisions are immediately applicable when it comes to admission of evidence, except those concerning the eligibility of preevidence constituted modes.

In terms of use: the new provisions amending the forms of use apply immediately even when the impugned judgment has been made at a time when the old law was still in force. However, if the new law is restricting the possibility to appeal, then the old law applies to pending litigation.

The scope of the Civil Law - New CODE OF CIVIL PROCEDURE

2016-06-17T00:50:00.001+06:00

- Since the entry into force of the new CODE OF CIVIL PROCEDURE at least one year by law. The rules that we are going to study territorial application, ie that all the judges on French territory are obliged to respect these procedures.

- There may be exceptions for applications based on the distance to the city and because of the story, including the departments of Alsace Moselle.

→ For overseas territories POM, when there are procedures for these territories, it is considered that the parties additional time. . Ex is assigned a part to appear before a court, that party has to appear for a certain period (15 days - 1 month). These delays are getting longer for persons residing in these territories.

→ To the departments of Lower Rhine, Upper Rhine and Moselle, the Treaty of Versailles permitted respect for the right German. A law of 1 June 1924 upheld the application in these three departments OF CIVIL PROCEDURE CODE German regime. Then the passage of the new CODE OF CIVIL PROCEDURE, rules have been harmonized.

- These rules are territorial application, the French judge may not apply a foreign proceeding. Rule established since MA = The fact that each judge must apply its procedures does not mean that there are no procedural dialogue between states.

→ In fact, the rules relating to the transmission of documents in France are set in the CODE OF CIVIL PROCEDURE.

What are the fundamental features of civil procedure?

2016-06-17T00:47:00.000+06:00

- The term civil procedure had a negative connotation for many years. The procedural is the one who wins the case because he is familiar with the procedure.
- Civil procedure is a public service organized and regulated.
- Civil procedure: Set of rules governing the operation and organization of civil justice in order to ensure the specific implementation and enforcement of private rights falling under private law.
→ The civil procedure belongs to the category of sanctioning rights.

- What is the purpose of private law? What are features?
→ A to oblige individuals to rely on the courts to resolve their disputes.
→ Who is the judge? Which judge will be able to decide the case in civil matters? The rule of jurisdiction.
→ How will the decision be obtained? Via a trial (one way!)
→ How compel someone to pay?

- In theory, civil procedure only deals with the conduct of the trial, ie say the introduction of the application to the final decision of the trial. In practice, jurisdictional issues are grafted to this procedure.

Part 1 = jurisdiction.
Part 2 = action theory: why I can refer to a judge? How?
3rd party = instance theory: how the trial proceeds.

- Place of private law between private law and public law.

→ For a long time it was thought that it was a purely private law matter, the only way to go to court to enforce a personal right (Civil Code).
→ But is the judge of the competence of private or public?
→ Civil procedure is of a mixed nature.

- If the civil proceedings was a matter of pure civil law, the State would have only a minimal role against the power of the parties. If it were a matter of public law, the parties would have no power over their powers.
→ The civil procedure is a mixed material, halfway between the civil and the public, between the powers of the parties and the powers of the judge in the proceeding.
- The purpose of civil proceedings is the defense of vested interests.

- A good procedure is a good factor of social peace. Ex china.
- A good procedure is a growth factor.

- What are the fundamental features of civil procedure?
→ Formalist and imperative. Formalistic since many strict and minute rules, particularly concerning the types of acts or deadlines for lodging requests. A breach of technical rules generally incurs a zero acts, and underlying acts to it even if it does not happen automatically. Imperative because usually studied all the rules are rules of public order, in the public interest and in the interest of the parties

Civil Law : The fundamental principles of civil procedure

2016-06-17T00:44:00.005+06:00

The civil procedure is to study the characters of civil procedure, the fundamental principles of civil trial, it unfolds before the ordinary courts as to the jurisdictions, and studying the roles of judge court and parties to the proceedings throughout the civil trial.

It is first necessary time to define the concept of process. The procedure is the set of rules of law, under which the trial is held, according to which a dispute may be submitted to a court.

- Civil procedure is the procedure in the courts of the judicial order, competent for all private law disputes involving only private individuals.

- It is thus opposed to the criminal proceedings, which is the one used in the criminal courts and administrative litigation which concerns the actions brought before the administrative courts.

The current rules of civil procedure is rooted in the former Code of Civil Procedure, Has not known, however, the sustainability of the Civil Code

One of its major drawbacks was that it was based too much of the old Ordinance 1667

Many changes have taken place and led to the drafting of the new Code of Civil Procedure in 1975

Since then, many changes by decree

Art 34 reserving the law, the creation of new categories of courts and the status of judges, the procedural rules fall for its regulatory power

Only the criminal proceedings belongs to the field of law.

Rural Law - Environment - construction - urban planning - Transport

2016-06-16T00:32:00.000+06:00

Rural Law - Environment - construction - urban planning - Transport : Rural law consists of all rules applicable to farms, property and values that make up and men who live there situated in their professional environment, administrative, economic and geographic. Rural law is the law of agriculture, agricultural land, production factors (men, capital, water) and the marketing of agricultural products. It is the right of a rural area and type of activity: agriculture.

The construction law is the branch of law consists of the rules and legal institutions for the construction of buildings (buildings and other real items) "(Roger Saint-Alary, 1970)

It supplements the title of his course by "right of urban property."

Although he considers it as a branch of law, it is for him "new, mixed and dependent."

Is the construction law nevertheless a branch of law? As it is it "a coherent and autonomous set of rules adapted to a particular sector of activity"?

1 / - a determined sector of activity: construction

2 / - a coherent set of rules: a Code of Construction and Housing

3 / - an autonomous set of rules specific to the construction forged from classic disciplines, but which return their own specificity to conventional branches of law. In addition, the construction law is built between state control of economic and social matters and self-regulation

The planning law is a set of rules and institutions established in France in order to obtain a spatial planning consistent with management objectives of public authorities. (H. Jacquot, Planning law, Dalloz, 1989)

The planning law is a branch of French public law and its rules are essentially gathered in the Planning Code. Having the characteristic of organizing land use, it touches on several related rights, including:

construction law
right of public health
Environmental Law

The Environmental Law includes the legal rules concerning the management, use and protection of the environment, prevention and repression of environmental damage (particularly pollution) and compensation for victims for environmental damage.

Legal proceedings - Civil procedure - Arbitration - Execution Routes

2016-06-16T00:15:00.000+06:00

Legal proceedings - Civil procedure - Arbitration - Execution Routes:Civil procedure is the set of procedures that allow the holder of a right to enforce its powers through the courts of civil order. Civil procedure, the necessary extension is achieved by means of execution, concerns all the rules on the organization of justice, functioning, it brings together individuals (legal or natural persons) who in principle the conduct of the case.

There is talk of adversarial proceedings (the judge remains neutral), while the criminal proceedings are inquisitorial (the judge's conduct of the case).

Civil procedure has three basic purposes:

- First of all the rules of court,
- Then the rules of jurisdiction,
- And finally the procedural rules themselves.

Procedural law is:

- In the broadest sense: set of legal rules that indicate the procedures to be followed to achieve a right.
- In the narrow sense: legal proceedings, they govern the organization and activity of justice so that the courts apply the law Law is a matter of legal validity before a court case.

The trial is the technique used to sanction the law. This is not easy because you have to agree on the meaning of the rule, if it was or was not applied or violated, and finally what sanctions apply. There are so many conflicts in this application and sanction of law, which are to society what diseases are the body.

There is a "soft justice" alternatives to litigation (ADR) or ADR (alternative dispute resolution) are practical for an alternative to trial. In English, we speak of "ARD" (Alternative Dispute Resolution): ADR or ADR are conciliation, mediation ... that can resolve conflicts without going through the judgment.

The enforcement procedures are, according to the book "Ways of implementation and procedures of distribution" LITEC are all the right ways for unpaid creditors amicably by their debtors to force them to run, if necessary by resorting to the police, and to distribute them the money received. They are an extension of both the disciplines of substantive private law (civil law, commercial law, labor law ...) and procedural law, insofar as they allow creditors to a requirement for the forces the execution of acts and judicial sentences that recognize their existence to their right. They play as such a vital role in the effective implementation of the law.

Definition of IFRS, IAS and US GAAP

2016-06-09T02:08:00.001+06:00

IFRS / IAS
IFRS means "International Financial Reporting Standards". They are internationally recognized since 2001 as uniform guidelines for financial reporting by companies. They facilitate comparisons of various companies. Likewise, this accounting is to be an obligation to the Exchange. They are published by "Internation Accounting Standards Board". IAS means "International Accounting Standards". They are the predecessors of the IFRS.

US GAAP
US GAAP does "United States Generally Accepted Accounting Principles". Thus, the US accounting rules for the financial statements of companies in the US are set. The rules established are hardly interpretable variable, as they are no general rules, but specifically related to individual cases. In "House of GAAP" are defined by the FASB, the Financial Accounting Standards Board standards. Other areas of the House of GAAP constitute the interpretation of the standards that could allow different interpretations.

HGB
In Commercial Code, the majority of German commercial law is retained. It is constructed in sections and is also referred to as "special private law of merchants". Essentially, it contains provisions for trade stand for trade company, to manage the trading books to the credentials of representatives to the types of company on the rights of the individual shareholders, the accounting, the annual financial statements and disclosure. These rules of commercial law can be interpreted partly different as opposed to the specific provisions of US GAAP, as it is written in the general regulations.

2. origin

a) IAS / IFRS
The IAS were determined by the IASC. The IASC is a private, independent organization that was founded 1973rd Since 1987 the "International Organization of Securities Commissions (IOSCO)" an agreement in which the IAS has undertaken to limit the number of voting rights and to increase the requirements for the publicity. Since 2000, the revised IAS are allowed as an admission requirement for foreign companies for the American stock market. Since 2001, the new IAS are named with the abbreviation IFRS.

b) US GAAP
After "Black Friday" in 1929 were the US Congress of the Securities Act and enacted the Securities Exchange Act. They deal with the new issue of securities and their trading. The SEC (Securities and Exchange Commission) should monitor compliance with the provisions. You must determine which rules and principles to be observed in the reports of the companies. The formulation of GAAP has been delegated by the SEC in 1938, the professional organization of accountants. 1973 the object of the FASB (Financial Accounting Standards Board) did, because the accountants are increasingly fall into criticism.

c) HGB / Commercial Law
The HGB came into force on January first 1900's. Influenced were the laws by the General German Commercial Code of 1861 and the laws of Italy and France. Currently, the commercial law is influenced by European legislation. The last major change was made in 1998, the paragraphs have been adapted to the present day.

Legal Methodology-private law and public law

2016-05-26T01:23:00.000+06:00

Introduction to private law and public law - Legal Methodology

You will find below links to introductory course to the right or to tips for successful first year of law. The law is a set of rules of conduct in a given more or less organized society, governs relations between men. In this set, we apply the expression of objective law.

Indeed, in legal language, the word "right" has a double meaning. The right, or right goal is the set of rules of conduct governing relations between men. These rules are grouped in codes (Civil Code, Highway Traffic Act, Criminal Code, etc.)

Subjective rights are the prerogatives that the law recognizes an individual or group of individuals which they may invoke in their dealings with people or with things (eg. The right to vote, the right to property, the right to respect for private life). The right holder is traditionally referred to as the "subject" of rights; Hence it is the expression of individual rights.

What are the divisions of law? Law is divided into two groups: public law and private law.

Public law is the set of rules that organize the functioning of a state and govern the relations of the state and its agents with individuals. It is divided into several branches: constitutional law, administrative law, criminal law, tax law.

Private law is the set of rules that govern the relationships between individuals or communities with private (companies, associations, etc.). It is divided into several branches: civil law, commercial law, labor law, etc.

Legal methodology aims to explore ways and means to achieve the desired results with a constant concern for legal certainty.

Knowledge of the law is not limited to the knowledge of the texts, it involves the acquisition of appropriate methods, based on a logic of the various arguments, technical instruments, classifications, qualifications, precise terminology, techniques of adequate expression. This involves processes specific information, coordination, interpretation.

Difference between Tax Law and Public Finance

2016-05-26T01:19:00.001+06:00

The tax law is the set of rules of law intended to allow the state to collect from the citizens, their contribution to financial expenses required by the public interest, which implies a certain specificity.

We distinguish :
- The taxation of individuals governs the income tax for individuals;
- The tax law firms defines the set of tax rules imposed on any entity engaged in civil, business or profession;
- The Real Estate Tax governs the taxation of real estate transactions;
- The Heritage Tax Law defines the imposition of both the possession and transmission of heritage.

Public finance is the government finances, those of the State and the bodies attached to it (public institutions); those local authorities (municipalities and communities of municipalities, departments and regions); the finances of Social Security and its various branches. Taxes and national and local, direct and indirect taxes are compulsory levies. The overall situation covers the state accounts and local authorities, as well as financial statements.

Spain: New accounting treatment of intangible assets

2016-05-12T19:12:00.001+06:00

The change is based on force as an expense include 10% of the value of intangible assets (such as brand or client) so that they are amortized over ten years. The modification is a sharp change from the current rules. Since 2016, generally it will be considered a goodwill lose 10% of its value each year, which means that companies will have to account for that amortization as an expense and therefore affect the benefit.

The new Audit Act has made changes to the Commercial Code and Law 27/2014 Corporate Income Tax (LIS) in relation to intangible assets, which may have a significant impact on the benefits of a multitude of companies and ballasting the mergers and acquisitions. The change is based on force as an expense include 10% of the value of intangible assets (such as brand or client) so that they are amortized over ten years. The measure could weigh the benefits and the ability to distribute dividend of small unlisted companies.

The LIS has been modified to adapt to this new regulation and to certify that be amortized and no value adjustment, and that it will be based on the life. Should the useful life of intangible assets can not be estimated reliably or goodwill manner deductible depreciation ceiling presented as annual tax twentieth of its amount.

The new criterion that sets the standard and will enter into force on 1 January 2016 only affects those companies that are subject to accounting plan, so you will have no effect on those governed by international accounting standards. So, the hardest hit businesses will receive small and medium size.

Amortization based on life

This change in the accounting treatment of intangible assets as well as the specific goodwill (applicable to correspond with fiscal years beginning on or after January 1, 2016 financial statements) involves amortized based on life.

With the change, the Government recovers the need to amortize goodwill and states that intangible assets (brands, market share, customer base ...) are assets with a useful life, unless proved otherwise, of ten years.

It is generally considered goodwill lose 10% of its value each year, which means that companies will have to account for that amortization as an expense and therefore reduce the profit.

The change leads to a sharp change from the current law, which requires companies to make an annual impairment test and amortize only goodwill in cases where an impairment loss is detected, as they were considered assets with a indefinite useful life (now, however, will have to be repaid within 10 years).

Therefore, the goodwill from 2016, will be from the point of view:

Accounting: Amortized over a period of ten years, unless proven otherwise. This means you can not be written off and continue the calculation of deterioration, but we have to prove that the fund is not depreciable.

Fiscally: Redeemable at most the twentieth (5%).

Brussels sees no need to regulate crowdfunding at Community level

2016-05-07T01:33:00.001+06:00

The European Commission has published a report Tuesday on the sector of crowdfunding in the European Union which emphasizes that there is "strong arguments" to justify the need to regulate the sector at Community level, since changes "quickly" and frames national laws that have been established with a local focus.

This study is part of the action plan launched last year by the EU executive for joining the capital market. Brussels stressed that support innovative ways "to connect savings growth and diversify sources of financing of European businesses is crucial to enhance growth and job creation."

The Commission notes that several Member States have established national legal frameworks to support the growth of this sector and ensure adequate protection for investors. Thus, Brussels points out that these schemes are consistent with the objectives and the results they seek, but are tailored to local markets and have domestic legal approaches.

Therefore, the EU executive argues that, since the crowdfunding is mainly local and is a rapidly changing sector, there is "strong arguments" to justify regulation at Community level.

In any case, Brussels has said it will continue to analyze its evolution and will meet twice a year with the authorities and stakeholders in the sector, so as to ensure that it is able to respond in time if necessary raise a convergence legal at European level to promote the development of crowdfunding or to protect investments.

The Commissioner for Financial Stability and Financial Services, Jonathan Hill, said that the EU executive is willing to support the development of models of crowdfunding "as a source of funding for entrepreneurs with bright ideas, start-ups and other SMEs."

"Our focus is to promote best practice, proper investor protection and consistency of national systems. We will continue to closely monitor the market and regulatory developments," he added.

On the other hand, the European Commission pointed out that, although still a small source of funding, crowdfunding has the potential to become a source of funding "key" for SMEs in the long run.

According to the data handled, the financing achieved through crowdfunding platforms grew from 1,600 million euros in 2014 to 4.200 billion last year, of which 4,100 were for models in which the contribution meant some kind of performance for investors.

The Supreme Court of Spain rejects the appeal on extra pay of Christmas 2012

2016-05-01T15:49:00.000+06:00

The Supreme Court has rejected an administrative appeal brought by an official of the Constitutional Court had challenged the abolition of the Christmas bonus for 2012, having been subsequently restored by the Government in the State Budget (PGE) 2015 , so it sees no cause.

Specifically, the applicant appealed to the president of the Constitutional Court omission of the remuneration of 3,200.18 euros for the extra pay Christmas 2012, a royal decree abolished in July of that year.

The appellant stated in its application that the decision to withdraw the bonus violated the rules hierarchy and contravened the right to equality before the law and the obligation to contribute to sustain public expenditure and the right to work and dignity personal.

More than three years later, the Supreme estimated that PGE for 2015 include the recovery of the extraordinary and extra pay in December 2012, which "has resulted in the effective recovery by the official prorated to the first 44 days of such extra pay. "

Thus, the high court dismissed the appeal officer "for the loss of object of the same" to the restitution of the extra pay of 2012 have already occurred, noting that the situation of public employees with the private sector because "they are not effectively homogeneous or equivalent".

This assertion was justified by the fact that the remuneration of workers in the private sector, unlike the characteristics of public employees, as they do not perceive from public resources, lack of "any problem" in the item of expenditure people in the government.

According to the Supreme, one can not conclude that the extent of suppression of the bonus December 2012 violates the right to work because "the content of this right is in a different plane", nor the right to adequate remuneration and dignified, reflected in the sentence.

Legacy of Entrepreneurship and Web Clients

2016-04-29T00:37:00.003+06:00

In the current context, it is relatively easy for a company to complement its physical outlet by an internet presence allowing it to display products and services of his company. A web if you can also give the contractor to sell its products directly to the customer. Some contractors will even completely abandon physical point of sale and use e-commerce to sell their product.

One must understand that the Internet, in trade but also on the personal level, dropped a lot of geographical, cultural and social. For a company to focus on the local market is a theoretical concept more abstract and difficult to achieve in practice the level of profitability and turnover. Make no mistake, though the subject of this article or businesses on the web, companies at local level are nevertheless essential and interesting to the economic and cultural level.

To be able to have success by being entrepreneur on the web, the first step is to understand the customers therein. Customer web is drastically different customer who walks the physical stores. Indeed, consumer habits are very different. For example, several studies have shown that consumers on the web decide quickly whether an article or not interested. This decision speed due to the fact that the user is constantly bombarded with information.

At the administrative level, having a business on the web is usually not very complicated. Several tools like Google Analytics for example, allow the administrator of the website to evaluate consumer behavior on the web site and collect data. This data can then be used and operated to engage the customer emotionally, in primary or secondary needs, at di practicality, etc.

The company, which works on the web must not yet have a rigid concept. It must be flexible enough to adapt to the tastes of consumers that has a multitude of different products just a click away. The product and service needs to be updated from time to time to keep customer interest. Using a list of subscribers who sends updates on a regular basis is also a strategy that will encourage customers to come back to take a look at the website. The sent email should nevertheless be of quality and well formatted, otherwise it will

likely have the opposite effect and users désabonneront your list. It is still the understanding of customer needs when searching for products on the net that makes the difference between a very successful business on the web and a company that is very successful.

The essence of entrepreneurship on the web is the originality of concepts and potential virality of products or domain web itself. Indeed, original concepts and product tend to create a contrasting effect with the wealth of information and similar web domain. The original concepts will have the effect of interest to the customer and maintain his attention. The potential virality also a link with originality, but also with the quality of the product. Indeed, original products will urge customers to use social networks or the good old word of mouth to share it with those around them.

How to proceed for the information in CIRBE (Central Credit Register of the Bank of Spain)

2016-04-22T00:52:00.001+06:00

The Central Credit Register of the Bank of Spain, CIRBE, is a database of public and confidential, which collects information from direct risks (loans and credits) and indirect (collateral and guarantees) for an amount exceeding 6,000 euros that credit institutions have with their clients. . It consists, for example, the total outstanding amount of all loans that a person has to his name.

Clearly, if the information in this database is incorrect, for example, credits already due and paid and remain part in the database as a risk, the company may have serious damage to its business, as it will be conditioned to apply a credit to a financial institution, regardless of the economic picture that can perceive its commercial creditors to show a higher risk real.

What is the purpose of the CIRBE?

The first thing to know is that the CIRBE is not a record of defaulters. The CIRBE, is an instrument that is useful for banks, when they need to know the debt situation of a client. For example, when a person applies for a loan or credit. It is also a tool that serves the Bank of Spain as a control tool of financial institutions.

How you can harm me?

It may be that your company verify that the Bank of Spain yet published in the Risk Report (CIR / CIRBE), the claims on money risks of loans acquired with various credit institutions, which actually were already canceled and liquidated and therefore should not be appear to be already nonexistent.
Such information is evident that generates serious prejudice to the company in its business, as it represents an economic image of society most at risk for real.

This situation causes damages to the company taking into account that does not represent a true picture of their economic and financial situation which affects their business with other companies, and that also means that lending is difficult in its if, as it appears as debtor entities when such debts are not real.
How to act in these cases?

The company can and should exercise appropriate action so that such data rectified, so that such debts do not appear in the Risk Report of the Bank of Spain.

What extrajudicial and / or judicial action can exercise the company and against whom to avoid such debts appear in the bank's risk report of Spain referred to it? Can also claim damages for such nonexistent debts appear in the bank's risk report of Spain?

In these situations, there are three ways to achieve the proposed objectives, which can be launched simultaneously. It is two administrative proceedings and one court-civil.

1. Complain to the Bank of Spain

First, starting with the option that offers more guarantees and has more feasibility, we start the administrative claim to the Bank of Spain, called "Claim against an entity for non-conformity with the declared to the Central Risk Information".

Any natural or legal person who considers that the data reported in the CIR are inaccurate may bring such claim. The application shall include the data considered wrong and justify precisely the reasons and scope of the request.

That complaint to the Bank of Spain will only be based on the application for rectification Risk Report, but will not earn any compensation for damages.

After the arrival of the claim and its admissibility, the Bank of Spain will transfer to the bank concerned, which must respond within 20 days. The bank may oppose or accept, and if it acquiesces, claims on money disappear risks Risk Report of the Bank of Spain. In principle the Bank of Spain should make an objective judgment of subsistence or no risk for loans, and therefore there are many possibilities to solve the problem administratively direct the Bank of Spain.

2. Complain to the Spanish Data Protection Agency (AEPD)

Second, in the event that the administrative complaint to the Bank of Spain will not yield the expected results, it should resort to the AEPD, which as know the complaint must inform the Bank of Spain and then conduct research to determine whether they have violated Fundamental rights.

Complaints to the Spanish Data Protection Agency may lead to a serious offense and the penalty to the bank can range from 40,001 to 300,000 €.

The complaint to the Spanish Data Protection Agency may be performed simultaneously with the direct claim to the Bank of Spain or first start via the Bank of Spain and subsequently the complaint to the AEPD.

3. Civil action: claim for damages

Third, and finally, there is the possibility of bringing an action for damages in moral damages for trespass in honor of the company through regular procedure in the Court of first instance.

The deadline for exercising such actions of civil protection of the right to honor is four years since the incident no longer appear in the Risk Report of the Bank of Spain, as it is considered a continuous damage over time as recent case law.

For there to feasibility and consider compensation for moral damages and compensation for damages, the fundamental test to make is the documentary that proves the refusal of financing for inclusion in the CIRBE file the Bank of Spain by financial credit institution. And accompany those tests conclusively prove that the damage actually caused as a result of that inclusion in the CIRBE file. If they could not prove the damages actually caused but inclusion in the Risk Report was wrong then just compensation for moral damages would be payable.

Full Goodwill and Amortization of Goodwill as per IFRS

2016-04-21T01:19:00.000+06:00

Goodwill amortization: The French Accounting Standards continue to require amortization of goodwill. This prudent practice is the equivalent of reducing the consolidated income and equity since year after year goodwill is disappearing accounts. This practice has the merit of simplicity but very imperfectly reflects economic reality.

Indeed, goodwill is not intended to be consumed by the effect of time but rather to increase the development of the activity. So the IFRS position seems more justified, however difficult the estimation of goodwill in connection with impairment makes it difficult accounting appreciation. Ultimately, the solution of the same depreciation if imperfect has the merit to limit questions to evaluating the simple duration of the depreciation.

"Full" goodwill

The concept of full goodwill was introduced by IFRS 3, this approach results from the changing nature granted to minority and vision of a group as one economic entity and not a single entity control. This method of assessing the minority interests at fair value and to assign a portion of the goodwill arising on the acquisition.

The application of the full goodwill method remains optional, the option formula to each grouping. Obviously, this method has today little adept. The exercise of reviewing post-implementation of IFRS 3, scheduled for 2013, will perhaps return to an accounting policy in line with what is best understood by the readers of the accounts.

As we see, the subject of business combinations accounting remains a very open subject, we expect that the rules aware of new developments in the coming years.

Seminar on preparation of Financial Statements and Notes.

2016-04-20T01:40:00.001+06:00

The College of Economists of Madrid Section Toledo held on March 28 a seminar on "Development of Financial Statements and Memory". The conference will be given by Professor Gregory Labatut Serer.

Most recently, the ICAC has tested two resolutions to be applied in the years beginning on or after January 1, 2015, and therefore should be applied at year end 2015.

These two resolutions are:

- Resolution of 29 January 2016, the Institute of Accounting and Auditing, the information to be included in the notes of the financial statements in relation to the average payment period to suppliers in commercial operations.

- Resolution of 9 February 2016, the Institute of Accounting and Auditing, by the rules of registration, evaluation and preparation of the annual accounts for income tax accounting develop.

These resolutions have involvement in the preparation of the Annual Accounts 2015 closing and therefore need to have knowledge of their content and how they affect the Balance, Profit and Loss.

In addition, the ICAC has published the draft Royal Decree amending the PGC and PGC SMEs, according to the precepts laid down in Directive 2013/34 / EU of 26 June 2013. It should be remembered that the directive sets out simplified criteria for accounting of small and medium enterprises. This project greatly simplifies the information to be provided in the Report by the companies eligible for the PGC SMEs or Balance and abbreviated memory, but these changes will take effect on January 1, 2016, howevers also be laid down in the day.

Finally remark that the day will place special emphasis on the development of memory contents, the statement of changes in equity and cash flow statement for the year 2015, all from an eminently practical perspective.

PROGRAM:

1. Practical application of the Resolution of 9 February 2016, the Institute of Accounting and Auditing, by the rules of registration, evaluation and preparation of the annual accounts for income tax accounting develop.

2. Practical application of the Resolution of 29 January 2016, the Institute of Accounting and Auditing, the information to be included in the notes of the financial statements in relation to the average payment period to suppliers in commercial operations.

3. Content of normal, abbreviated and SMEs memory. major changes in the short and SMEs memory for next year.

4. Practical Preparation of Statement of Changes in Equity.

5. Development practice cash flow statement.

The CFO of SMEs contribute to improved economic performance!

2016-04-17T01:09:00.001+06:00

Nobody is born as financial director. One becomes at one point in his career. Previously the company's chief accountant were chosen as person of trust, management controller or financial controller specially hired for this position. Now the CFO of SMEs should make its way into the company accounting because:

Firstly: CFO provides fundamental support in respect of accounting and tax obligations. He ensures the liquidity of the company in securing short and medium to long term financing.

2ndly: he communicates to the direction of management, analyzes margins by product or customer profitability studies, but without participating in the decisions themselves. Same time, he optimizes the operation of its service. He is still considered a pure mechanic of numbers.

3rdly : CFO participates in management decisions, investment, alongside the operational departments, including as a full member of the management committee. He takes advantage of informal contacts with the CEO to raise in "drip" to financial issues. His participation in the strategy of the company is usually to remind tirelessly profitability targets and funding constraints it is usually only wear in the company.

In 4th: this position, usually own in listed groups is that of Deputy Director General in charge of Finance. He advises to close the branch on choice of business and financial strategy in order to satisfy shareholders.

Whar are the Sources of Law? Non-retroactivity of the law?

2016-04-16T00:56:00.004+06:00

Sources of Law:The law refers to written sources, but there are also custom and statutes.

1. The categories of written standards

Any text is less than the constitution. The constitution is the mother source of law. It may be called by the President of the Republic, the President of the Assembly or the Senate, by 60 deputies or 60 senators.

the Constitution
The law through parliament
Decrees by the President of the Republic or the Prime Minister
Orders by ministers, by the prefects or mayors

The treaties legislative supra value only if they have been ratified, ie the Treaty of Rome. There is a higher authority than the law.

2. The application of the law in time

The characteristics of the law:

The law is general, permanent and compulsory for all citizens.

* The generality: the law is applicable to all throughout the country. There are no class distinctions, no discrimination. There are many exceptions, e.g the president of the republic, women's suffrage in 1946, more needs husband's permission to work since 1965, entitled to have a different housing the husband in the 80 in France a distinction on the maternity legislation.

* The permanence: as long as it remains in the written law and still applies, to eliminate it must be repealed. The revocation may be express when a new text explicitly states that the old law is repealed, ie the law of 19 October 2000.

The repeal may be implied when a new text contains provisions contrary to or inconsistent with the ancient texts.

* The bindingness: the law applies to everyone. A mandatory law applies regardless of the will of the citizens, e.g criminal law, respect the decency as not rent rooms by the hour. A supplementary law applies unless otherwise wishes of the two contracting parties. Any contract law is a supplementary law, Article 1134 of the Civil Code states that legally formed conventions take place laws to those who made them.

The law must be known, this knowledge through its publication in the Official Journal: no one should ignore the law.

b. The non-retroactivity of the law
Article 2 of the Civil Code says that the law provides only for the future, it has no retroactive effect. The new law does not apply to facts or situations prior rights to publication. We often talk of immediate application of the law, it will apply to current events but not to legal situations already born, in this case there is survival of the old law.

However, this principle has exceptions:

The law expresses itself retroactive, i.e in 1945 on collaboration.
The laws are interpretative, these ordinances clarify the meaning or scope of a recently enacted law.
The more lenient criminal provisions.

Competing sources

They are three in number, it is the custom, doctrine and jurisprudence.

1 The custom

The custom is defined as the repeated use within a group that after a certain time considers it a law, e.g the woman by marrying takes the name of her husband. It is oral (not written), local application. This custom must be the subject of a consensus, that is to say that people submit to this custom.

2. The doctrine

These writings made by legal writers. Their writings are either the law or the court decisions.

3. Case law

This is all the court decisions that pose principles and solutions of the problems. Over the court is high and the decision will reach a plenum decision is binding on lower courts. Case law has some default report to law. Indeed it is relative because the decision is made for a trial that involves only two people. It is fragile, it is never in the shelter of a case of rollover. The fact remains that the case law is creative laws, e.g a 1976 judgment that specifies when a company is insolvent will be taken up later by a new law.

What is the difference between the legislature and the judiciary?

2016-04-16T00:50:00.001+06:00

The notion of law: The legal term is all that is related to the notion of law while in contrast the term judicial encompasses everything that relates to justice.

Setting the right word: The legal term means the rules that govern the lives of men in society.

The rule of law is general because it applies to all without distinction, it is permanent since it must be repealed to disappear and is mandatory. The legal rule or law differs from other rules by its mandatory nature which implies a sanction for non-compliance with the rule.

This sanction is socially organized: it is pre-planned and it is inflicted by State organs.
The stress can come from two bodies: either it is the judge, or he is the agent.

Law and religion

The relationship between law and religion: Every religion influences right, this influence will be stronger or weaker depending on the degree of state secularism. Our rules underwent the Judeo Christian influence,

For example:

rest on Sunday for the right to work,
every child should respect and honor his parents where family relief in civil law
do not steal or kill to criminal law.

The law and morality

This is especially the study of the evolution of morals,

For example- the illegitimate child who now has the same rights as legitimate children.

On the other hand, the judge will often be confronted with questions that return to his own moral, indeed there are issues where the judge can decide because there is no article of law making it reference, or the judge obligation to adjudicate under pain of denial of justice.

It is found in court decisions changes in the law based on the evolution of morality, i.e in 1995, Parakeet stop where the cessation admitted to being the possibility of compensation to be born disabled.

Major legal disciplines

1. The private law disciplines

Private law is the set of rules concerning the legal life between individuals but also groups they form (e.g, association, corporation, foundation ...).

Civil law

Civil law is the set of rules that govern the lives of citizens (by people living in the same country), i.e the right of membership, contract law, contract law, matrimonial law, property law, law of succession.

b. Ancillary rights
Social law:

Labor law
The right to social security
Business law:
Company law
The bankruptcy law
The competition law
The consumer law
The environmental law.

2. Public law disciplines

Constitutional law is to organize the relation of state organs them (mainly the three powers) and with citizens, the source being the Constitution and its preamble (Declaration of the Rights of Man and of the Citizen).

Administrative law organizes the ratio of different administrations together and with citizens.

Tax law.
Public international law.