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Know What You Need To Know Before Buying the First Property

 

 Having a home of your own is the dream of most Brazilians, as well as being a milestone in financial life. Failure to pay rent and acquire a good like this is a very important step, but in pursuit of this desire, many people end up making hasty decisions when buying the first property.

Leaving some care aside can cause mistakes that weigh on finances and mess up family life. To avoid problems and help you in this step, we have prepared this article with 5 errors that you need to avoid. Check out!

Do not plan

Do not plan

First of all, you need to know exactly what type of property you are looking for. House or apartment? In the center or in a more distant neighborhood? New or new?

Size is also important. If the family wants to grow up and have children, it is interesting to buy a property with space left over. In condominiums, there are also entertainment options, such as swimming pool, sports court, grills, among others.

Debt is not good when buying the first property

Debt is not good when buying the first property

Defining the type of property you prefer, it is crucial to know what income guarantees you will have in the long run, since the investment is not small. For many people, this is a debt that lasts for decades or even a lifetime. So be very careful.

A great expert tip is to never commit more than 30% of your monthly family income to debt. Of course, this includes home ownership. One little secret here is to use applications that help keep the budget under control.

Another important point is to try to finance the lowest possible value, that is, to plan to give a bigger entrance. In real estate financing, interest rates range from 6.5% to 12%, and even though they are not the largest on the market, you need to be cautious and not take on debt before putting everything on the tip of the pencil.

Also remember that you will have costs with the deed and legalization of the property. The good news is that the first property has a discount of up to 50% at the notary’s office. This stage is fundamental so that the purchase and sale relationship is not based on a contract without legal validity. The most expensive rate is the Tax on Real Estate Transfer (ITBI), paid to the city hall, and its value varies from 0.5% to 2.4% of the property price.

Do not research about the construction company

Do not research about the construction company

Another common complaint when buying the first property are the problems involving real estate in the plant. How many people wait for the delivery of an apartment for years, listening to justifications and excuses of the builders?

In a way, it is impossible to have the exact guarantee that the property will be ready on time. However, it is possible to search the builder’s history and find out if he or she usually does the set. It does not cost anything to do this search, right?

Do not do a careful inspection

Do not do a careful inspection

If you plan to buy a used property, some extra care is needed. When visiting the place, take the opportunity to do a detailed inspection. Want some tips? Write there:

• If the facade of the building is in poor condition, a remodeling can be done soon, making the condominium more expensive;

• Turn on all showers and house lights at night, at peak times. If there is instability, the power grid needs reform;

• Check for possible stains on the floor and walls: they can indicate moisture, leaks and leaks;

• Make sure the water is completely in the toilet. If there is any movement, it may be a leakage signal.

To think that the crisis only disturbs

To think that the crisis only disturbs

It is true that moments of economic instability bring many bad consequences, but they can also be synonymous with opportunities. With the crisis, the demand for real estate falls and, consequently, prices as well. This can be a great time to buy the first property because, when the crisis passes, your property will be more valued.

We hope you enjoy this information and get away from it! Was there any question about the purchase of the first property? Share with us through the comments!

 

 

The Liability of Company Directors and the Actions Available

 

 

 

With this short paper we intend to offer some ideas to the administrators and the partners of capital companies on the responsibilities in which the administrators incur in the exercise of their functions and on the actions that can be promoted.

First of all, it must be said that the administrators answer for their work towards:

  • of the company ;
  • of social creditors ;
  • of shareholders and third parties.

By accepting the assignment, the directors in fact establish with the company a contractual relationship (variously qualified by doctrine and jurisprudence as mandate, administration contract or organic identification report) on the basis of which they take on distinguishable obligations in two categories:

  1. obligations relating to the functioning of the company;
  2. management obligations.

Both categories of obligations are acts of exclusive competence of the administrators of which the same answer even if they have been validated with the assembly authorization eventually provided for by the law or by the Statute.

The responsibility of company directors and the actions available

Examining then the two categories:

  • the obligations relating to the functioning of the company pertain to all acts aimed at ensuring the operations of the corporate bodies, to which the directors are required by law or by the Articles of Association. In this context, the following can be included: the obligation to call the meeting ; the obligation to prepare and approve the draft budget and to convene the assembly for approval; the obligation to keep accounting records ; the obligation to advertise , register and fulfill the requirements of the Business Register ; the prohibition of acting in conflict of interest with the company or in competition with the latter;
  • the obligations relating to management consist of the performance of the acts aimed at achieving the corporate purpose. By way of example we mention the obligation to provide the company with an adequate organizational and accounting structure , in which the most recent jurisprudence has included the obligation to adopt the appropriate measures in the field of safety at work, environment, privacy, anti-money laundering and even preparation of the organizational model pursuant to Legislative Decree 231/2001 . Certainly, from this point of view, the most important obligation is to act with diligence , ie to identify and implement all the necessary measures to take care of the interests of the company .

This obligation is assessed on the basis of two criteria:

  1. nature of the assignment , for which both the characteristics of the company administered such as size, activity performed, organizational structure and the position held by the director within the administrative body must be considered;
  2. specific skills , based on the specific knowledge of the administrator, his technical and managerial skills and his concrete experiences.

The responsibility of company directors and the actions available

In what follows that, in case of judgment (without prejudice to the fact that it is precluded assessment of the merits of the choices gestional i), the judge will assess the administrator’s behavior based on the aforementioned criteria for which, obviously, can be different the level of diligence required of the long-experienced managing director of a multinational company compared to that of the director of a limited company with small turnover volumes.

An equally important consequence is that, even in the context of Boards of Directors , some components may not be held responsible and others may, in relation to the different degree of collectability of the service.

This is the case of delegating administrators and managing directors.

The Board of Directors in fact has the power to delegate or not functions , to determine the limits and the content of the proxy and to establish the methods of exercise.

All members of the Board of Directors will therefore be equally responsible:

  • for functions and duties not delegated;
  • for the functions and attributions beyond the content of the delegation;
  • for having accepted that the delegates have not respected the modalities of exercise of the delegation
  • for functions that cannot be delegated, such as the preparation of the draft budget; resolutions concerning the increase of the share capital and reduction due to losses; the preparation of merger and demerger projects and the right to issue convertible bonds delegated to the meeting.

In all other cases, however, the position of the managing directors is very different ( they are at the top of the corporate structure, they work there full-time, they know the facts and the problematic aspects of management and are consequently paid ) and the non-executive directors , with reduced powers, duties and remuneration, so that in the latter’s responsibility is configured to a more restricted extent in the burden of verifying and verifying the legitimacy of the acts performed by the managing directors.

Clearly, in order to be able to carry out such verification, the non-delegated directors will have the duty to act informed , asking for all the clarifications that the managing directors will have to provide in the Board.

A reciprocal and circular relationship is therefore envisaged between delegates and delegates concerning the organizational and accounting structure of the company, the performance of the management, the most significant operations and the development prospects.

Whatever their position, in the event of non-fulfillment or incorrect fulfillment of the obligations imposed on them, the directors are required to respond, indemnifying the damages, provided that the following conditions exist:

  • the director has, in the exercise of his functions, adopted a behavior in violation of the duties and obligations provided for by the law or by the Articles of Association;
  • such behavior has caused damage;
  • there is a causal link between the behavior of the administrator and the damage ( ie the damage is an “immediate and direct consequence” of the behavior ), a connection to be assessed, according to the Supreme Court of Cassation, using the criterion of statistical regularity.

The responsibility of company directors and the actions available

Actions to enforce the liability of directors can be promoted:

a) in the public limited company:

  • by social creditors;
  • by a qualified minority of shareholders ( 1/5 of the capital for closed companies and 1/20 for listed companies ) to get the company to get compensation for the damage that the conduct of the directors have caused to its assets;
  • by the company itself upon resolution of the shareholders’ meeting;
  • by individual shareholders and third parties if, following the behavior of the directors, they have suffered direct damage;

in case of bankruptcy of the company the social action and the action of the social creditors will be exercised by the curator.

b) in the limited liability company:

  • by the company itself (orientation now absolutely prevalent over the one that denied the company’s right to act), also in this case subject to resolution of the shareholders’ meeting;
  • by social creditors (according to the clearly majority orientation in doctrine and jurisprudence);
  • by individual shareholders and third parties if, following the behavior of the directors, they have suffered direct damage;

also in this case, if the company fails the shares will be exercised by the trustee.

The responsibility of company directors and the actions available

All the aforementioned actions are prescribed in five years from the termination of the office as regards the social action and from the manifestation of the insufficiency of the patrimony as regards the action of the social creditors.

The company or the qualified minority of shareholders acting in court will have to attach: i) the defaulting conduct contrary to the duty of diligence or to the specific duties imposed by law identifying with precision the behaviors kept by the directors; ii) the resulting damage and iii) the causal link between the conduct and the damage.

In the case of action brought by the company creditors or by the shareholders and by third parties who assume direct damage from the behavior of the directors, the profile of fraud or guilt of the harmful conduct must also be attached.

 

Personal Payday Loan with Special Check

The personal payday loan with pre-dated special check payments is the easiest credit facility to get quick and easy money without too much bureaucracy, as well as being the most democratic way of borrowing from banks, credit companies or companies specialized in the exchange of the check for money.

 

The main features of personal payday loan

The main features of personal payday loan

This form of borrowing money roughly, is credit line for personal payday loan repaid in installments with the guarantee of check sheets, the applicant does not need to prove the use of the resources.

The personal payday loan on overdraft is an alternative resource to personal banking credit, in general, employees of private companies, self-employed, microentrepreneurs, co-workers, salaried employees, public servants in all spheres and retirees / pensioners of all segments can apply.

In the authorized network of banks and financials the client has to be with the name clean and without restriction. The maximum loan amount reaches 3 times monthly net income of the applicant. Do not confuse with gross income, net income is the amount received free of all discounts.

Usually only 24 installments in the majority of the financial that grant the modality. To apply for the loan by check the applicant must necessarily have in hand the exact amount of sheets to leave to the lender as collateral.

Because I say this, the overdraft loan allows for approval for clients from all walks of life, from the highest grades, to civil servants, military, and even self-employed workers without proof of income.

This financial operation strengthens itself as an alternative to balance the family budget in an emergency situation that we may be subject to at some point in life.

 

What’s the use

What

The use of the cash amount released from the personal payday loan can be to pay for any expenses, repair or maintenance of the car, pay the IPTU, IPVA or some unexpected traffic ticket, even a dental or health treatment without having to pay an own resource and commit the payment of the monthly expenses, for this is that there is the pre-dated special check loan .

It may be worth the personal payday loan with pre-dated special check to pay off credit card debts such as the debts of the credit limit on the bank that grows each day. You have installment of the loan in up to 15 months to pay without having to commit all your salary, in some institutions the term can vary up to 24 months.

Despite the facilities we must not forget that the average interest rates for personal payday loans have been constantly readjusted in most banking and financial institutions, a fact evidenced by Procon-SP, in relation to the conventional personal payday loan the average rate is around 5, 44% per month and overdraft at around 9.1% per month.

Even going through a period of stability is the fourth month that there have been increases, so if you need borrowed money and the only solution is to use the checkbook to get it, search the best financial to achieve more favorable conditions.

 

Loan to Finance Real Estate

 
The loan to finance real estate exists in the most diverse credit options for those who wish to acquire a house for residence or commercial property.

But in order to find differentiated conditions and good interest rates the ideal is to inform yourself in advance about all the conditions of this type of loan before you even make the decision of which home you will choose. Making a long-term financing is an attitude that will influence the family or individual budget for long years, and this should be well thought out.

 

Choosing of property

Choosing of property

One of the first attitudes to be taken is the choice of property. Is it a house or an apartment? Will it be a new or used property? Regardless of the choice, it must be agreed by the family since for the institution that will finance the property , this information matters little.

Decided what type of property will be purchased, the second attitude is to assess in which bank should be done financing the good. This step is not difficult, considering the numerous banks and financial institutions that offer this “modality of loan to finance real estate”, either for home or commercial real estate.

 

To choose the bank

To choose the bank

Characteristics with the interest rate, the term of the loan, total amount financed, entry value, intermediate installments, arrears interest administrative charges should be taken into account, just remember that the financing offers and their conditions are in each bank.

Currently Caixa Econômica Federal is one of the largest banks in the granting of “housing finance for housing,” Banco do Brasil have also hit record highs in the release of real estate loan this past year, but it is not only public banks that owns that market, banks such as Bradesco, Itaú Unibanco, Santander Real, HSBC Bank, as well as many other financiers of the property itself offers this modality.

When looking for a bank to apply for a “home equity loan,” make sure your credit history is all right and that there is no restriction on your name in the protection bodies, otherwise the bank when doing the SPC consultation and Serasa and in the analysis of cadastre and credit verify any irregularity, the financing will not be approved.

 

Finance a Property

Finance a Property

In many cases the total amount financed, the interest rate and the term will be defined depending on the analysis of the interested party’s register. This can be circumvented when the interested party in the loan to finance real estate has a bank account in some bank that offers him a “pre-approved real estate loan” for this purpose, but for this the bank client needs to have an intermediate history and a move in the account with reasonable applications for the bank to make a good definition of the payment power for the acquisition of assets.

In order to finance a property, not necessarily the interested party must be working in a formal job with a portfolio record, usually the banking institutions grant the “loan financed for real estate” even when the applicant has no fixed job in a private company or public agency. The alternative is the presentation of the statement of account of the last 6 months or preferably the declaration of income tax.

On the other hand, the real estate loan for those who work with a registered portfolio, in addition to presenting the payslip to analyze the monthly income, some institutions require a minimum period of registration in the portfolio to continue the process.

The basic documentation required in most banks for the request for new property financing is usually the RG, CPF, Proof of Income, Income Tax or Bank Statement and Proof of Residence. In the purchase of used property, the institution usually request the CPF of the owners of the property, Copy of the mirror of the IPTU, Declaration of discharge of the condominium if the property is apartment and Registry of the property.

The term of the loan for financing of property can be granted up to 30 years. The financed amount of the property used in general depending on the bank can vary from 60% to 80% of the total value, since for new properties it is not difficult to find banks that finance 100% of the value of the property to be bought.

When hiring a home-financed loan, try to give as much input as possible to reduce the outstanding balance of the loan and be in a more comfortable position with regard to the value of the installments so as not to damage the personal or family financial budget.

Just to remind you, first of all, do real estate financing simulations on the various banks that have websites, make comparisons, analyze, ask questions related to the loan and only then when you are sure, go to your chosen bank in person.

Unconditional Payday Loans; Loan Agreement

 

The provisions of the general part of this Act apply to all unconditional loans provided for in this Act; the basis of the loan agreement for other contracts specified in other Acts, including employment contracts, and other multilateral transactions, as well as contracts that are not specified by law but which do not contradict the content and spirit of the Act, as well as debt obligations not arising from the Contract. If the contract meets the characteristics of two or more types of contract provided for by law, the provisions of the law apply to those types of contract at the same time, with the exception of provisions the simultaneous application of which is not possible or whose application would be contrary to the nature or purpose of the contract. The nature of the obligation may give rise to the obligation of the parties to the debt obligation to respect the rights and interests of the other party in a certain way. http://www.lamassanacomic.com/interest-rates-on-loans-by-crowdlending/ for further explanation

Incomplete is the obligation that the debtor can execute but the performance of which cannot be claimed by the creditor. The surrender of an incomplete obligation cannot be recovered. The provisions of the Law on Obligation also apply to incomplete obligations, unless this is contrary to the nature of the incomplete obligation. Principle of Dissocity of the Act The provisions of this Act may be waived by agreement between the parties or the parties, unless the law expressly states or does not indicate that the deviation from the law is not permitted or if the deviation would be contrary to public policy or good morals or violate a person’s fundamental rights.

The creditor and the debtor must behave in relation to each other on the basis of the principle of good faith. A debt shall not be subject to any law, custom or transaction if it would be unacceptable under the principle of good faith. The debt is considered reasonable by what people in a good faith in the same situation would normally consider reasonable. The assessment of reasonableness shall take into account the nature of the obligation and the purpose of the transaction, the practices and practices of the relevant business or profession, as well as other circumstances. The contract is concluded by submitting a bid and accepting it, as well as by any other exchange of mutual will, if it is sufficiently clear that the parties have reached an agreement. By accepting the offer, the contract has been concluded from the time the tenderer received the acceptance. If consent is expressed in a work that is not a direct declaration of intent, the contract is concluded from the time when the bidder became aware of the work, unless the contract, in accordance with the practice or practice of the parties to the contract, is deemed to have been concluded.

If, in accordance with the agreement of the parties or at the request of one of the parties, an agreement is to be reached under certain conditions, the contract shall not be deemed to have been concluded until the agreement has been reached in these circumstances, unless otherwise provided by law. At the auction, the contract is deemed to have been awarded by the acceptance of the best offer. The auctioneer is expected to be authorized to accept the best offer. The bidder is bound to make a better offer related to its offer.

In the absence of a better offer, the tenderer shall not be bound by his tender unless it is accepted within a reasonable time after the offer is made. If the offer is not followed by a better offer, you must agree to the last offer. If several persons have made an equal offer at the same time and no better offer is followed, the auctioneer has the right to choose the best bidder among the bidders who have made an equal offer. If the auctioneer has the right to decide on the best bid in the auction conditions, the acceptance of the best bid by the auctioneer’s decision will be made in the terms of the auction within the stipulated time period, but in the absence thereof within a reasonable time. Until then, bidders have been bidding for their bids. The contract may be concluded orally, in writing or in any other form unless the law provides for the compulsory form of the contract.

Loan Agreement

Loan Agreement

If, in accordance with the law, the agreement of the parties or the request of one of the parties, the contract has to be concluded in a certain form, the contract shall not be deemed to have been concluded before the contract has been given the prescribed form. If a contract is to be awarded in a particular form, agreements on guarantees and other side obligations as well as assignment or assumption of obligations under the contract, unless otherwise provided by law or agreement, must be concluded in this form. A written agreement shall be deemed to have been entered into if the parties to the contract have signed or exchanged the contract documents with the contract documents or letters signed by either party. The law may stipulate that a written contract shall be deemed to have been entered into even if the contract document is signed only by the obligated party. If the contract has to be notarised or notarised, the contract has been concluded from notarial approval or notarization of the contract.

If mutual declarations of intent for the conclusion of a contract are confirmed or certified separately, the contract has been concluded since the confirmation of the last declaration of intention or proof. The validity of the contract is not affected by the fact that it was impossible to perform the contract at the time of the conclusion of the contract or that the party was not entitled to dispose of the object or right of the contract at the time of the conclusion of the contract. The Agreement shall also apply to the successor in title to the Contractor. The contract may be amended or the contract may be terminated by agreement of the parties or on another basis prescribed by law or the law. Unless otherwise specified in the contract, if the contract is in a specific form agreed upon by the parties, this form need not be followed when the contract is amended or terminated. If the contract provided for the contract to be amended or terminated in a particular form, one of the parties to the contract may not rely on that contract clause if the other party could understand its conduct, that the party agreed to modify or terminate the contract in a different form. Persons engaged in pre-contractual negotiations or otherwise preparing a contract must reasonably take into account each other’s interests and rights.

Code of Business Crisis and Insolvency: News for Buyers of Buildings

 

With the Legislative Decree n. 14/2019, the so-called ” Code of Business Crisis and Insolvency “, the discipline contained in Legislative Decree no. 122/2005, containing a series of provisions to protect buyers of buildings to be built .

Among the most significant changes there is the obligation to stipulate the preliminary contract of sale of the building to be built, or equivalent, by public deed or authenticated private deed .

The adoption of this form will entail, therefore, the obligation to transcribe the preliminary contract at the Real Estate Conservatoria , obtaining greater protection from the promisee purchaser where subsequent transcriptions and / or subsequent registrations are made on the property.

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The purpose of this provision is mainly to ensure the legality check by the Notary, on which the burden of verifying that the seller has fulfilled the legal obligation consisting of:

  1. stipulation of the guarantee , introduced by Legislative Decree 122/2005, to guarantee the repayment of the amounts paid by the promisee purchaser to the promissory seller before the sale;
  2. in the release, at the time of signing the final contract of sale, of the posthumous ten-year policy, as per art. 4 of the same Decree, to cover material and direct damage to the building, including damage to third parties, pursuant to art. 1669 cc, deriving from total or partial ruin of the asset, or from serious construction defects of the works, from ground defect or construction defect, manifested after the signing of the contract of sale or assignment.

With regard to the aforementioned guarantee , Legislative Decree no. 14/2019 has expanded its content, providing for the possibility of enforcement , as well as in crisis situations of the manufacturer, for the hypotheses predetermined by law, even where the Notary certifies that he has not received, for the date set for the sale, the 10-year posthumous policy and the buyer declares to withdraw from the preliminary contract.

Furthermore, in the preliminary contract, the Notary must expressly indicate the details of the guarantee and certify its compliance with the format to be defined with a specific ministerial decree.

As for the posthumous ten-year policy , on the other hand, the Legislative Decree 14/2019 has provided for the obligation of delivery under penalty of nullity of the purchase agreement, which may be enforced by the purchaser only.

This policy must also comply with the format that will be outlined with a specific ministerial decree.

The changes introduced by Legislative Decree 14/2019 will apply to all preliminary and final purchase and sale contracts concerning buildings to be built for which the building permit has been requested or presented after March 16, 2019 and the relative provisions the surety and the insurance policy indicated above will also be applied pending the adoption of ministerial decrees, which will establish the content and minimum characteristics.apprendistato2

Loan Yes, Why not?

 

credito pessoal 1
Make a loan yes, why not?

The credit market in Brazil is experiencing a virtuous moment, banks and financials have increased the volume of financial resources supply, the reduction of interest rates has been constant, payment deadlines are also being lengthened and to further collaborate, the default has been falling in recent months. Read more at http://tysbvi.com

According to information from the Central Bank (BC). The total amount of financial operations related to loans in the period of September was about R $ 1.6 trillion, a rise of 1.8% was observed compared to the previous month.

During the same period, interest rates on loans to individuals reached the lowest level ever recorded since 1994, at 39.4% per annum, with payment terms for individuals of 541 days, on average.

Make a loan yes, why not?

Faced with this scenario of falling interest rates in various types of credit , consumers accustomed to using credit card and overdraft are choosing to make the personal loan or payroll loan because they offer much lower interest rates.

Just to have a more complete idea, in September alone the volume of credit related to revolving credit, use of the overdraft limit and credit with credit card , showed a reduction in the month of 1.1% and of 0 , 9%, following the order.

According to the analysis of the advisor and coordinator of the research area of ​​the “National Association of Executives of Finance, Administration and Accounting” (Anefac), Miguel Ribeiro de Oliveira, the offer of financial resources made available by the country’s credit institutions is raising to 46.7 % the ratio of credit to Gross Domestic Product (GDP), 2.8% more is the difference a year ago. The offer is expected to reach 50% by the end of 210.

The credit market still has enough room for growth in the “volume of loans, personal loans and financing” in all lines of business, even though Brazil still has a low volume when compared to the international average, the trend and the expectation of expansion for the next few months and years should be gradual.

The impulse in the expansion of the credit supply has occurred due to the demand for loans for vehicle purchase and the granting of personal credit through the good performance of payroll loans that registered significant increases.