BUSINESS LAW Business Need • merchandise • services • funding
• WHAT IF DEBTOR DON'T PAY?
• How to collect? • Remedial of Accounts • Filing a case SMALL CLAIM COURTS • How much is included? • Up to P300k • What is the usual procedure? • Go to the court to file the case for sum of money. It is usually cheaper than filing in MTC or RTC. SUPPLEMENTAL PROCESS • Various ways to collect debt • Asset as payment or services may be render in payment of loan How to classify assets and their values 1)Real Properties 2)Personal Properties 3)Chattel / vehicles
Valuation should be at its fair market value
DEED OF ASSIGNMENT • TRESPASSING LAW • PROPER DOCUMENTATION thru execution of Deed of Assignment • NOTARIZED the document to be binding WHAT IF THE BORROWER IS INSOLVENT? • INSOLVENCY – inability of individual to convert their assets into cash to pay their obligations • SALARIED EMPLOYEE: are those whose source of income do not come from business dealings; sources from employer- employee relationship • Salary Garnishment is the partial payment of loan thru periodic deduction from their salary • Making Payment on Courts is a remedy when creditor refuse payment from debtor • Bankruptcy wherein the business do not have enough assets to cover the liability when payments are demanded WHAT IF THE OFFENDER IS A PUBLIC/GOVERNMENT or ARMED FORCES EMPLOYEE • Influential • Untouchable • Intimidating • Bully FILE THE COMPLAINT IN OMBUDSMAN OR SANDIGANGBAYAN • Effect of case unresolved : • no clearance for claim of retirement benefits • this is mandatory for all government employees upon retirement. MONEY LAUNDERING • the process wherein ill-gotten funds were transmitted to legal entities for the eliminating traces of irregularities and money then may be recirculated regularly. • Money laundering is the generic term used to describe the process by which criminals disguise the original ownership and control of the proceeds of criminal conduct by making such proceeds appear to have derived from a legitimate source.