Market Value Of Property Objects

If the price of the seized property is overestimated, the likelihood of its sale decreases, and selling at a reduced price results in violation of the rights and legitimate interests of the debtor and the recovered.

Only a fair determination of the market value of the debtor’s property can minimize the prerequisites for the escalation of the conflict of interest of the parties to the enforcement proceedings.

In the Law on Enforcement Proceedings, the assessment of arrested property of a debtor is devoted to Art. 85. At the same time, on the whole, relations connected with the valuation of property are regulated by Federal Law of July 29, 1998 N 135-ФЗ “On appraisal activity in the Russian Federation”.

There are different points of view regarding the question of the relationship between these two laws. On appraisal activity in the Russian Federation”, since the latter are of a special nature. According to others, the main place in the regulation of relations in the enforcement proceedings is occupied by the Law on the enforcement proceedings. The federal law “On appraisal activity in the Russian Federation” is applicable only to the extent that it does not contradict it and the essence of the relations it regulates. According to the third point of view, the Federal Law “On valuation activity in the Russian Federation”

The argument that the Federal Law “On appraisal activities in the Russian Federation” does not apply to relations for the assessment of property produced in the course of enforcement proceedings is erroneous. Determining the value of seized securities is a kind of evaluation of objects of civil rights, carried out in accordance with the requirements of this Law (see: Resolution of the FAS of the North-

In accordance with Part 1 of Art. 85 of the Law on Enforcement Proceedings, the assessment of the property of the debtor, which is levied, is made by the bailiff at market prices, unless otherwise provided by the legislation of the Russian Federation.

However, the Law on Enforcement Proceedings does not completely regulate the procedure for conducting property valuation, limited only by the indication that it is produced at market prices.

At the same time, the procedure, approaches and requirements for conducting an assessment are established by the Federal Law “On appraisal activity in the Russian Federation” and federal standards of assessment. The assessment of the market value may be required when the property object acts as the object of a public offer – a transaction that can be concluded on the stated conditions with the consent of the second party. A market value estimate may be required when one of the parties has reason to purchase the property and wants to make sure that its real price corresponds to the real price. If the payment for the property is expressed in cash, an estimate of the market value may also be required. Please note that it is possible to conduct an assessment in respect of movable and immovable property. In particular, it is possible to determine the most probable value of real estate, business and existing securities, cars, new and old apartments, land and other objects.

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The most commonly used method of real estate valuation, is not only determined by the most likely price of the property, but also property rights in relation to it. Quite often, the market value of any property is most likely for the seller and the buyer. But after this procedure, the value of the property can be adjusted upwards or downwards. In order to determine the real value of the property and assess its value. It is possible to initiate the property valuation procedure in respect of land plots, residential real estate objects (cottages, houses), commercial real estate objects (offices and retail premises), industrial real estate objects (buildings, structures, and complexes), engineering communications (bridges, heating networks) and unfinished objects construction.

Using the methods of market value of property objects allows them to dispose of the most profitable. A market valuation may also be required in cases where property owners want to mortgage them as objects for obtaining loans. If there is no data on the valuation of the property, do not expect to receive investments from domestic and foreign investors. Assessment of the market value of the property allows you to get accurate and complete information about the most likely value of the property and conduct the transaction on a competitive and open market subject to certain conditions. In particular, the conclusion of the transaction should not be forced for one of the parties, both parties should have complete information about the subject of the transaction and should act only in their own interests.

Also, the optimal time should be selected for the transaction, the sale object must be in the sales market for a long time, and the form of payment for the property in one form or another has been agreed Moreover, market methods of property valuation do not allow the use of discounts and special conditions for the buyer, the object must be in demand in the sales market and have certain signs of usefulness. Moreover, the object to be sold must be a participant in the competition in the sales market and endowed with the functions of the possibility of transferring ownership rights. To obtain information on the value of the property, you must apply for services to specialized companies and get a report based on the assessment.

 

Get A Loan For Your Business

Want to get a loan for your business?

Make a sale transaction:

Develop a strategy for the future development of the company?

Then you need an accurate professional assessment of the assets of the enterprise!

The company “ProBiznesOtsenka” offers services of high-quality and reliable property valuation. Depending on your tasks, you can order an assessment of the entire property complex or a specific part of it.

Valuation of an enterprise’s property is the most common procedure in the valuation services market, since each company needs accurate and reliable information regarding the value of its fixed assets and intangible assets in order to properly reflect them in accounting, depreciation and important management decisions.

The property of the enterprise includes real estate, machinery and equipment, intangible assets and securities.

  • Property valuation is necessary for:
  • Completeness and accuracy of accounting
  • Transactions of purchase and sale
  • Renting and leasing
  • Getting the enterprise loan

Development strategies for the further development of the enterprise

Knowing the real market value of the property of the enterprise, it is possible to analyze the management efficiency of the entire company, as well as take measures to improve management efficiency.

Employees of the company “ProBiznesOtsenka” have extensive experience in conducting an assessment of the assets of an enterprise, supported by a good theoretical base and practical skills.

In our property valuation activities, we apply three generally accepted methods: income, cost, and comparative, which allows us to accurately and reliably estimate the value of the object.

Our findings on the valuation of an enterprise’s assets are distinguished by the accuracy, professionalism and validity of all data, which were preceded by a detailed and careful study of all factors affecting the final value of the subject property.

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Features assessment for the court:

In assessing the property of the disputing entities (legal entities, spouses), the appraiser, without standing up on anyone’s side, should determine the value of the property as accurately as possible. The outcome of the trial is largely dependent on the value of the property specified by the appraiser. For example, with the establishment of a value-based property tax, legal proceedings between the taxpayer and the tax inspectorate can be fairly fairly resolved.

Our valuation company is ready to make the most fair, accurate and reliable assessment of property for the court. We are impartial in addressing all issues, providing you with a report on our work, containing correct and relevant to current market conditions, data.

Evaluation for an arbitration court is necessarily performed in accordance with the requirements of Russian legislation. Otherwise, the report is null and void. As a rule, the assessment is carried out after the first court hearing, when there is no longer any doubt that there is no confirmed value of the property, or when the price indicated is considered unreasonable.

If the opposite party objects to the results of the assessment, then a counter valuation of the property is made for the arbitration court. High qualification of the appraiser will allow not to doubt the validity of the data specified in the report. Without the support of a professional, a court hearing can give completely different results than expected by company representatives.

Forensic expert

Establishment Of Property Value

According to Ivy. Michael, the use in the Law on Executive Production of the term, different from the terminology of the law on appraisal activity “market price”, is in different subjects and research methods.

Thus, the relations arising in connection with the establishment of property value fall within the scope of regulation of the Federal Law “On appraisal activities in the Russian Federation”, according to which appraisal activity refers to the professional activity of subjects of appraisal activity aimed at establishing market value or other value in relation to objects (v. 3). In this case, the subject of valuation, applying various approaches to valuation, investigates directly the property in order to establish one of the types of value stipulated by the federal valuation standards.

The definition of the market price involves a completely different subject and research methods. In determining the market price, the subject of the research is not a specific property and its consumer utility (in order to establish a monetary valuation, i.e. value), but a number of transactions for the sale of identical (homogeneous) property in the market (for the purpose of comparing prices and determining the market value) . The subject is an open market and transactions executed on it with identical (homogeneous) property; this method is used primarily for comparison (besides this, the method of price for subsequent sale, etc.) [345] can also be used.

In this regard, Ivy. Michael, a bailiff who assesses seized property on his own, is not obliged to follow the rules of the Federal Law “On appraisal activities in the Russian Federation” and federal appraisal standards (but this does not mean that the bailiff cannot be guided by them). one need only focus on prices prevailing in the region, on similar products, using the information published by the Federal State Statistics Service, trading houses, by Jamie, as well as the data contained in the Monthly Statistical Bulletin “Price indices and tariffs”, in various price journals and private newspaper ads [346] .

With all the attractiveness of such an approach for the purposes of enforcement proceedings, especially given that the bailiff usually does not have special knowledge in the field of property valuation and does not have the technique of applying valuation approaches, it is not possible to agree with this approach.

First, as already noted, the Law on Enforcement Proceedings gives the bailiff the right to evaluate property, which means that the latter, by virtue of direct indication of the law and official position, is the subject of valuation activity.

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Secondly, being the subject of valuation activity, the bailiff must be guided by the Federal Law “On appraisal activity in the Russian Federation” and federal appraisal standards.

Thirdly, the Law on Enforcement Proceedings does not establish the procedure, rules for conducting and requirements for the process and the result of the assessment carried out by the bailiff. Such rules and requirements are established only by the Federal Law “On appraisal activity in the Russian Federation” and federal appraisal standards. The refusal of their application entails a complete lack of regulation of the relations of evaluation in the enforcement proceedings and the inevitable violation of the rights and legitimate interests of the parties.

Fourth, by imposing an arrest on the debtor’s property and preparing it for enforcement, the bailiff must determine the value of a particular property (particular thing) to be sold, taking into account its specific properties. It is necessary to take into account, among other things, the improvements and deterioration of a specific property that affect its price.

Thus, the subject of the study of the bailiff is not the market and the transactions made on it with identical (homogeneous) property, but the specific property, its consumer properties, its value, which is established, including through its correlation with other analogues, t. e. through a comparative assessment approach.

Fifth, the subject of arrest and evaluation (including provisional) may be property that has no analogues, or property, reliable information about transactions with analogues of which or their characteristics may be unknown or inaccessible to the bailiff. In this case, the property is also subject to valuation, but using other approaches.

Companies Or Shares In Limited Liability Companies Already

The presence of an independent appraiser’s report will make it possible to certify that the transaction of purchase and sale was conducted in good faith before the persons whose interests may affect this transaction (shareholders of the enterprise, the higher organization, state bodies), each participant of the transaction acted in the interests of its party and was aware of the real market conditions , the real market value of the object of purchase and sale and the cost of similar facilities.

The report on the valuation of the property complex has great weight in disputes with the tax inspection when it comes to the correctness and completeness of the calculation of taxes. Such a report has the status of an official document of evidentiary value and can be used in court.

The presence of an independent appraiser’s report will make it possible to certify that the transaction of purchase and sale was conducted in good faith before the persons whose interests may affect this transaction (shareholders of the enterprise, the higher organization, state bodies), each participant of the transaction acted in the interests of its party and was aware of the real market conditions , the real market value of the object of purchase and sale and the cost of similar facilities.

The report on the valuation of the property complex has great weight in disputes with the tax inspection when it comes to the correctness and completeness of the calculation of taxes. Such a report has the status of an official document of evidentiary value and can be used in court.

Assessment of the property complex for the purposes of restructuring is a prerequisite for fruitful economic decisions to change the structure of the assets of the enterprise. Evaluation of the property complex helps to determine to the management the degree of influence of the proposed variant of business development on its value.

Revaluation of property is a mandatory requirement in the transition of business to international financial reporting standards. Revaluation affects many of the economic and financial parameters of the business, respectively, the most realistically shows the state of the enterprise as a whole.

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In addition, valuation of property complexes can be carried out for the purpose of correct reflection in the reporting; when holding contests, auctions, tenders; when objects are transferred to trust management and leasing; redemption, confiscation, seizure; liquidation, merger, acquisition; the resolution of property disputes; transfer of property rights; assignment of debt obligations; entering property in the authorized capital; investment design; commercial concession; compensation for damage to storage, preparation of marriage contracts,

  • In addition, the valuation of the enterprise’s property is carried out in order to:
  • Correct reflection of the value of the enterprise’s assets in the accounts;
  • When conducting auctions, bidding and competitions;
  • When transferring assets to trust management or leasing;
  • When restructuring an enterprise, its liquidation or takeover, merger;
  • At redemption, confiscation and seizure of property;
  • When resolving property disputes;
  • When you add property to the authorized capital of the enterprise;
  • When developing an investment plan;
  • In case of damage to storage;
  • With a commercial concession.
  • Why do I need to assess the property of an enterprise?

Different enterprises set themselves different strategic goals and objectives – for example, someone at the moment is important to improve the investment attractiveness, the other is interested in increasing working capital and reducing the cost of production. You can also optimize the tax base, create market stability. One of the tools to solve these problems is to assess the property of the enterprise.

etc.

Valuation of property:

Everyone who wants to take advantage of their rights to the owner is puzzled by a multitude of issues, the most important of which is the valuation of the organization’s property.

What do we mean by appraising the organization’s assets?

The valuation of an organization’s property is a procedure that allows you to determine the market value of inventories. It includes the valuation of real estate, vehicles, investments, intangible assets and others.

The company “Active Business Consulting” will not allow us to doubt the decisions made – we will provide only accurate, correct and reliable data that will help you to adjust the development strategy in accordance with current and realistic information.

 

Market (Comparative) Approach

The second approach is based on data on recent transactions with similar properties in the market and comparison of the property being valued with a similar one. In other words, the evaluated organization or object has the same value as goods with similar or completely identical characteristics. The functions of the enterprise must be carried out under the same conditions as the functions of the comparative object.

The second approach is based on data on recent transactions with similar properties in the market and comparison of the property being valued with a similar one.

  1. The approach includes the following methods:
  2. The method of the transaction.
  3. Method of industry coefficients.
  4. Spending (property) method.
  5. Method of accumulation of assets.
  6. The method of net assets.
  7. Method of replacement cost.

Before you start working with methods, you need to have all the information about the status of the organizations to be compared and the state of the enterprise being evaluated. The main method is the transaction method and the method of industry coefficients.

The method of transactions is an analysis of the cost of the acquisition of stakes, which are compared by the organization, or an analysis of the acquisition price of the enterprise as a whole.

Concepts and definitions

Property. Determination of the categories of property used as collateral

                Pledge Functions

                Basic definitions, concepts, terminology used in the valuation of property

 Determination of the values ​​used in valuation

Overview of the legislative framework. Basic requirements and provisions in accordance with the legislation of the Russian Federation

  • Types of risks inherent in securing a loan
  • Monitoring of credit security risks
  • Approaches to the calculation of value
  • General requirements for the content of evaluation procedures
  • Profitable approach (for each category of property)
  • Time value of money
  • Capitalization and discounting of cash flows

Capitalization and discounting rates

Calculation of net cash flows. Building a financial model

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Practical assignments By the decision of the Arbitration Court of the Republic of Tatars tan of April 11, 2017 (the date of the resolution) in case No. A65-5821 / 2017 Public Joint Stock Company Tatfondbank (PJSC Tatfondbank), hereinafter referred to as Bank, OGRN 1021600000036, INN 1653016914, registration address: 4420111, Republic of Tatars tan, Kazan, ul. Chernyshevsky, 43/2, was declared insolvent (bankrupt) and openly bankruptcy proceedings were opened against him in accordance with Federal Law No. 127-FZ of October 26, 2002 “On Insolvency (Bankruptcy).” Functions of the bankruptcy trustee are assigned to the state corporation “Deposit Insurance Agency” (hereinafter – the Agency).

In accordance with paragraph 1 of Article 139 of Federal Law No. 127-FZ “On Insolvency (Bankruptcy)” of October 26, 2002, the Agency publishes the results of the evaluation.

Property valuation

Appraisal activity for today has firmly entered our life. For successful business, the implementation of various business transactions, transactions without professional assessment is indispensable.

There is an obligatory assessment, the list of cases of which was determined by Article 8 of the Law of the Russian Federation “On Valuation Activities in the Russian Federation”. And also there is a voluntary evaluation. The situation with the latter is much more mandatory. They cover almost all areas of business. Let us dwell in more detail on each of the above-mentioned types of valuation of property.

Mandatory evaluation of property is needed in the event that the transaction involves certain specific objects belonging to the Russian Federation, its subjects and municipalities.

This can occur usually in a number of the following cases:

  • When the object is sold or other alienation;
  • For the purpose of privatization, when the object is transferred to trust management, or for rent;
  • When transferring property as an investment in the charter capital, or funds of legal entities;
  • When using the object as a subject of pledged items;
  • In case of assignment of debt obligations related to objects in state ownership, property of a subject of the Federation or municipal property;

Other cases, which are stipulated by the legislation. It is necessary to remember the mandatory assessment during privatization. Privatization for today has not lost its relevance. For a very long time, the state will remain the largest owner of real estate. In the process of privatization and corporatization, the enterprise passes from state ownership to private ownership. An independent appraisal of the price of the property is needed here to estimate the value of the property of the privatized enterprise without bias.

All other cases of mandatory assessment are based on existing legislation. Here are some of them:

When entering into the charter capital of a joint-stock company, the property needs to estimate the market price of shares paid by non-monetary funds

In the situation of the purchase of shares by the joint-stock company at the request of shareholders

When selling the enterprise or part of the debtor’s property in the period of not internal management, when selling the property in the course of bankruptcy proceedings.

Choose your teacher: not so simple …

When you decide to learn and play a musical instrument, you have to find a “good” teacher. Even if you think you can learn everything from home behind a computer screen, a relationship between a teacher and a student seems to be in no doubt. Indeed, a music course is above all the meeting and sharing between a teacher and his student, a story that can last several months, even years. But be careful, do not read what I have not written :-): you can of course consult online sites or even courses in addition, but keep a teacher to make sure you are in the right direction.

Learning music is not done in a day. It takes time , patience , encouragement , disappointments that must be managed and listened to .

A teacher also allows and above all to acquire a good foundation. Nothing is worse than taking bad habits, which can often happen with an online learning method.

What is a good music teacher?

A “good” teacher is not necessarily the first prize of the most talented conservatory of his generation, it is primarily one that will give the student the basics and correct it if necessary. He must therefore have a “true” pedagogy , a “real” method . He must be able to adapt, find solutions to the specific problems of his student because there are sometimes several ways and ways to explain. He must also find the scores that are of interest to advance his student while maintaining his motivation. Being a teacher is not a job to make ends meet , you have to know how to structure learning, to have a progression; in short, it can not be improvised  !

The “good” teacher is therefore the one who will best suit the student , both in the “human” relationship and in the clarity of the explanations given, in listening and adapting. It is, as I said at the beginning, above all a human adventure.

As in any discipline, the first goal of the teacher is to convey his passion and experience. He must do so with an open mind, be attentive to the student while remaining rigorous. He can also work classical songs while sometimes allowing a slightly different repertoire. In any case, it is necessary on both sides to accept some liberties.

Thanks to the teacher, a student can also learn or at least “practice” music theory , revise notions of music theory with exercises (like reading music notes , – you can also read our advice for reading notes – the rhythm, the deciphering …), to work technical exercises while choosing partitions more or less difficult but that it will judge necessary for the student progresses. Always keep in perspective the progress of the student and not doing exercises to do exercises. Only a good teacher can have an objective opinion of your level and know what exercises to do to fill some gaps.

This relationship must be followed and regular. Again, music can not be learned in a day , it can take several years to learn and if the method is good, then progress will be visible from month to month. This satisfaction will be as much shared by the student as by the teacher. If you want to appreciate your progress, I advise you to shoot every 6 months. At first, you will not see too many changes but over time, you will be surprised and proud to see your progress. The teacher remains the only solution to progress in music , yet it is necessary to find the “good”!

You can read more:  mp3 juice

Here are some pointers and tips to conclude:

Motivation and seriousness

No need to take classes if you are not ”  sincerely and seriously” motivated , if your desire is not real at the risk of wasting your time and money. Learning music is an idea that reflects a little because it requires an investment (the instrument itself, partitions, courses …) and hopefully for several years (so your time).

From the moment you take classes, you should observe a certain regularity (see next point) and take advantage of this time to take stock of your progress. It is not during the class time that you will progress significantly, but this hour is essential to guide you, advise you, encourage you, you “unlock” … But the work, it is above all and especially at home !

So you have to be serious about your work and do it carefully. Even if you are regular to visit your teacher, if you do not work, then this course will have little interest.

As in any learning, have goals to achieve  : it can be a score to play that has some known difficulties, or play in public for an occasion (birthday, wedding, gift to his spouse or children, join a group …) etc.

Regularity

Do not take classes intermittently and try to be regular. This regularity must also be observed in your work: working every day 30 minutes 6 days a week is much more “profitable” than once 3 hours .

Seeing his teacher every week “forces” you somewhere to work during the week. If the sessions are too far apart, then it’s like sports, we go less and less to not go at all. The regularity of the courses marks the rhythm. Do not look for excuses and if you have not had time to work, it does not matter, say it and your teacher will adapt.

The respect

Your motivation will be even greater if you have respect and admiration for your teacher. It can be on his game but also on his explanations, his pedagogy and his ability to make you progress. But beware: it can hardly be seen in 1 hour or 1 month: it takes a step back to draw conclusions. Allow yourself some time for reflection, hence the importance of the initial choice.

Choose your teacher and keep it for a moment

To follow the previous point, avoid changing teacher too often or too quickly teacher, give yourself a little time to see what it gives. Again, do not engage in a relationship so from the start, you doubt it. It is for this reason also that we must not rush.