A Crisis in Finance
In Downturn, Families Strain to Pay Tuition
By JONATHAN D. GLATER
C. J. Gunther for The New York Times
Michaela Rice, a student at Plymouth State University, asked her mother to sign for a $17,000 loan.
With the unemployment rate rising and a recession mentality gripping the country, more families are applying for federal aid for students attending college.
Post a Comment •
Times Topics: Student Loans | Credit Crisis •
Housing Starts Disappoint, Sending U.S. Markets Lower
By JULIA WERDIGIER and BETTINA WASSENER 31 minutes ago
Shares on Wall Street dipped after a government report showed construction of single-family homes in September hitting its lowest level since 1991.Housing Starts at Slowest Pace Since 1991
By THE ASSOCIATED PRESS 9:22 AM ET
Construction of new homes and apartments dropped 6.3 percent last month, the government reported. The bigger-than-expected decline reflected weakness across the country.
Bush Says Bailout Package Will Take Time
By JACK HEALY 47 minutes ago
The president warned that credit markets will “take awhile” to return to normal, but he again tried to reassure Americans that the government’s bailout was “big enough and bold enough to work.”
French Bank Suffers $807 Million Trading Loss
By MATTHEW SALTMARSH 8:40 AM ET
Groupe Caisse d’Épargne said that it had incurred the losses as a result of unauthorized derivatives trading by a team on the bank’s own account.Banks Are Likely to Hold Tight to Bailout Money
By LOUISE STORY and ERIC DASH
As Citigroup and Merrill Lynch reported multibillion-dollar losses, some wondered what the nation’s lenders would do with the Treasury Department’s capital infusion.
Floyd Norris: Citi’s Legacy •
Oil Prices Slip Below $70 a Barrel
By JAD MOUAWAD
Oil prices dropped below $70 a barrel for the first time in 16 months Thursday, prompting the OPEC cartel to call for an emergency meeting next week.
Times Topics: Oil and Gasoline •
Today's Business with Jeff Sommer and Jad Mouawad (mp3)
UBS Given an Infusion of Capital
By NELSON D. SCHWARTZ
The Swiss government said it would take a 9 percent stake in UBS and provide it with
$5.36 billion in capital.
Times Topics: UBS •
Hong Kong Banks Agree to Buy Bank Lehman Securities
By BETTINA WASSENER 8:01 AM ET
Investors had complained that they were misled into believing the securities
guaranteed by the investment bank Lehman Brothers were safe.A Relieved California Finds Lenders in Credit Markets
By RANDAL C. ARCHIBOLD
California has managed to borrow $5 billion in the credit markets, averting a severe
cash shortage that could have led to service cuts and layoffs.
Times Topics: Credit Crisis •
Lower House of German Parliament Approves Bailout 5:21 AM ET
French Bank’s $800 Million Loss Prompts Audit 7:28 AM ET
Ukraine in Talks With IMF on Financial Stabilization 6:36 AM ET
Barclays’ Plan Avoids Help From Government
Europe’s Central Bank Lends to Hungary
Overseer of Banks in Europe Shifts Focus
Dow Gains 401 Points in Day of Wild Swings
A.I.G. Agrees to Let New York Review the Propriety of Its Pay Packages
Breakingviews.com.: Often Asked Q: Is It Time to Buy?
Nader Displays New Fervor on the Bailout Issue
More Business News
Pfizer to Settle Claims Over Bextra and Celebrex
By THE ASSOCIATED PRESS 8:58 AM ET
Pfizer said that it had an $894 million deal to end more than 90 percent of personal injury suits brought by people claiming the drugs caused heart attacks, strokes or other harm.
G.M. Merger Talks With Chrysler Said to Intensify
By BILL VLASIC
Discussions between General Motors and Chrysler are said to be gaining momentum, as both sides want to reach an agreement within the next two to three weeks.
Times Topics: General Motors | Chrysler •
Google’s Net (and Stock) Rise Sharply
By MIGUEL HELFT
Third-quarter profit increased 26 percent to $1.35 billion, a strong showing that might be enough to reassure jittery investors.
More Tech Earnings: A.M.D. | I.B.M. | Nokia •
Times Topics: Google •
Southwest Has First Loss in 17 Years
By MICHELINE MAYNARD
Southwest Airlines said it had lost $120 million, its first quarterly loss in more than 17 years, because of a charge to write down the declining value of its hedging contracts for fuel.
CNBC Video: Southwest Chief Discusses Results •
Continental Airlines Posts Loss on Fuel Costs •
Airlines Differ on Their Profit Prospects •
The Train Is Coming. And With It, More Ads.
By STEPHANIE CLIFFORD
New York’s transit system is planning to convert much of its real estate into advertising space, including turnstiles, walls and subway tunnels.Ties Between Doctors and Stent Makers Queried
By BARRY MEIER
Two senators looking into potential conflict of interests have sent inquiries to the Cardiovascular Research Foundation concerning its ties to device makers and drug producers.
Medtronic Shares Fall on Questions About Stent •
Canada and Europe Ponder Trade Pact
By IAN AUSTEN
Preliminary negotiations could lead to a trade pact between Canada and Europe that would be even more sweeping than the North American Free Trade Agreement.A.M.D.’s Results Show Improvement
Consumer Prices Show Little Change in September
Fox News Hires Glenn Beck Away From CNN
Sales Down, but Nokia Offers a Positive Outlook
Steve & Barry’s Names Official for Turnaround
Profit Rose 20% in Quarter for I.B.M.
Ex-Tyco Executives’ Appeal Rejected
Hershey Profit Doubled in 3rd Quarter
European Nations Seek to Revise Agreement on Emissions Cuts
College Network Makes Big Cuts
E.P.A. Toughens Standard on Lead Emissions; Change Is the First in 3 Decades
‘Must-See TV’ Marketer Leaves NBC
Y. C. Wang, Billionaire Who Led Formosa Plastics, Is Dead at 91
Property management business crisis and prospects
作者? 源?来业业新业 业表业业?2006-06-19 字?号大 中 小
property management enterprises
Beijing days of the crisis and prospects for a law firm in Yonghe
crisis : with the purchase (or owners), signed the "entrusted property management contracts" for the vast majority of articles and provisions.
"entrusted property management contract" in the content of services including two parts : one, to provide for the purchase of housing people purchase property management services ;2, for small public buildings, public facilities and public places to provide property management services.
purchase for the purchase of housing with the relevant provisions of the property management services, as a result of the purchase of others who have the right to entrust the management of their own homes, this part of the provisions are effective, but because the owners have no right of the individual areas of public buildings, public facilities and public places commissioned management, is the owner of any one individual is not small public buildings, public facilities and public places with others to contract the main qualification for small public buildings, public facilities and public places property management services provisions are null and void.
some property management firms do not agree with this judgement Counsel. They think : if only with a property management business owners signed on small public buildings, public facilities and public places property management services contract terms, then it can be said that these terms of the contract are null and void, but the property management companies and owners have each signed on small public buildings,
public facilities and public places property management services contract terms, and this shows that all the owners have agreed to small areas of public buildings, public facilities and public places with property management enterprise management, then on small public buildings, public facilities and public places property management services contract terms is effective. It is based on this consideration Perhaps they only provide our customers with the design so every owner has signed a "contract with the property management" programmes. However, the existence of a number of programmes between several owners "entrusted property management contracts," every "property management contract with" In addition to this contract, I agree with the owners, not the consent of any other owners agree, The owners of the other owners and property management companies signed the "entrusted property management contracts," are ignorant, and therefore, any owners and property management companies signed the "entrusted property management contracts," can only be the property management companies and owners of the individual contracts, and will not become the property management companies and owners of all contracts. not effective between the owners and the "property management contract with" property management companies to property owners receive no management fees on the basis of the contract, unless the property management fee is charged because individual property owners specifically for the provision of services, in fact, No property management companies to a certain individual property owners to provide property management services. Then, the property management business for small public buildings, public facilities and public places to provide property management services contract basis? Is the property management companies and developers signed the "entrusted property management contracts", and signed with the developers of the "property management contract with" only limited to the area of public buildings, public facilities and public places, not including personal property owners to provide property management services. Individual property owners to provide property management services to owners only on the basis of individual contracts "with the property management contract."
with developers between "property management contract with" based on the area of public buildings, public facilities and public places property management should be part of the property to developers for the management fee, but, in fact, this part of the property management fees paid by owners. This part of the property owners to pay management fees are not the owners are willing to, but because the owners did not understand their own property management firms signed with the "property management contract with" on the small public buildings, public facilities and public places property management services contract terms null and void, Recognizing that there is no valid reason is not on its own area of public buildings, public places and public facilities and property management companies in the main contract qualifications. (existence of many owners and property management companies to sign their own "property management contract with" effectiveness doubt, but only that the general "signed by the developers of coercion" this reason, this reason is untenable). The owners could not understand the reason for the duration, and if the owners give the people understand it, the property management companies that face the second crisis. crisis 2 : with the owners signed the "entrusted property management contracts," may be recognized as invalid Court, or the Court declared lifted.
signed with the owners of the "entrusted property management contracts" invalid these reasons, it is
difficult to overthrow the property management enterprises. Once a landlord to initiate a request the court recognized the "property management contract with" ineffective proceedings, at least, the court is likely to make that "a property management contract" invalid judgement. If the court had found the "property management contract with" invalid judgement must not be charged to property owners on small public buildings, public facilities and public places property management property management fees, and has charged that some of the property management fees will be ordered returned to the owners. signed with the owners even if the court finds that the "property management contract with" effective legal means owners still have another choice. Owners can choose another legal means is : property management companies to send the "entrusted property management contracts," the notice, and then request the court to confirm the "entrusted property management contracts," since the date of the notice arrived. If the owners take the legal means that the court can not make the "property management contract with" Since the arrival date of the notice of judgment. Because : "Contract Law," 410 provides that : "the principal or the trustee may at any time relieve a contract" ;< contract law, "Article 96 :" Article 93, paragraph 2, in accordance with the client side, the provisions for cancelling the contract, 94, should inform the other party. Notification to the other party, since the lifting of the contract. There are other objections, People can request confirmation of cancelling the contract, the arbitral institution or law center effectiveness. ". "Contract Law," These two provisions of a contract to any party without the other party has not agreed to find other reasons for cancelling the contract, breach of the right, even if the court finds that the "property management contract with" effective, as long as the "entrusted property management contracts," either side lifted, "a property management contract" must be lifted. And the owners signed a "contract with the property management" was lifted after the Court declared, property management companies can not charge any management fees to the owners, other owners will have to follow suit.
So far, no property management companies should be aware of the crisis and to take the measures. In the embrace of developers, in favour of the competent government departments, does not receive a legitimate interest. To collect not legitimate interests, or go with the owners or owners with fist and foot opposite. Once these tools can become the solution to financial matters? ! Then, what is the proper solution based property management companies? Is : to assist owners to form committees.
except developers, the public is entitled to residential buildings, public places and public facilities and property management enterprise contract is the owner Commission. If enterprises do not want to own property management and developers signed the "entrusted property management contracts," this part of the property to developers for management fees, property management companies and owners of the Commission can only turn into "a property management contracts," thus shifted to this part of the property owners Commission charged management fees.
This is the only way property management enterprises.
some property management companies that the only way out of this, but in assisting owners to form the Committee of the property management business owners without exception ignored owners Committee recommended candidates and the election committee of the rights owners, the black-box operation, highly
valued. Even if such owners Commission was established neither in the owners of any appeal, and no property management companies can charge property management fees. This hands-off Committee owners, property management companies and owners of the Commission even signed the "entrusted property management contracts," the Commission does not receive a single penny from the owners of the property management fees. Property management fees charged remains, as before, went to collect, fans demanding. If owners refused to pay groups, but were prosecuted. Several lawsuits around the world are struggling with.
Committee should assist the formation of owners of property management companies to resolve the problems of management fees charged property is the only right way to the drafting of the "owners convention." In the "owners Convention," requires building owners to pay property owners Commission and the obligation to pay management fees standards, so that the management fees on property owners not to every household but paid to the owners of property management companies to pay Committee, Owners Committee from every household to receive property management fees and property management companies later signed by the "entrusted property management contracts" to the property management companies to pay. This collection of property management fees, property management companies, owners of the Tripartite Commission and the owners most clearly, a property management fees are the most secure, fully screen door in addition to property management companies to owners of property management fees charged the various ills.
However, the "owners Convention" on the same contract as a legally binding contract owners of the document is a prerequisite : the "owners Convention," to go through all the small owners 2/3 more vote. What is the "owners Convention" by the owners of more than 1/2 vote or by a vote of the owners 2/3 more force should be made by legal provisions, but so far this has not been a legal requirement. Make provisions in the law, can apply the provisions of the "Company Law" 2/3 proportion of the company's shareholders as owners of the General Assembly (the equivalent of the company's owners are members of the Board of Trustees). However, if the "owners Convention" only to the owners of the property owners to pay the management fees of the Committee obligations and pay standards, regardless of what proportion of the "owners Convention" were not passed in the middle of the owners. Only in the "owners Convention," but also provides the owners should have the right, for example : owners owners Committee recommended candidates and the election committee of the rights owners, etc., can be "owners Convention" was adopted and entered into force in the owners.
about property management companies have a worry : In this case, owners Commission will be difficult to control. For property management enterprises that fear, I have two comments to tell the property management companies :
one, the current owners of property management companies set up the Preparatory Committee for the owners group and the candidates based on the local government committee in charge of the normative documents, such as : Beijing land and resources and the Housing Authority's 485. First, local government departments normative documents in the country "legislation" stipulates that the legal system is not its status (China's legal system in effect grading : laws, rules and regulations), is neither legal, nor legislation, nor regulations, no enforcement effectiveness can not give property management enterprises certain rights,
owners can not prevent owners of the Committee recommended candidates and the election committee of the rights of owners; Secondly, the local government departments of normative documents on real estate development and property management companies to set up business owners group and the Committee for the Committee to recommend candidates owners with the provisions of the "General Rules of the Civil Law" contrary to the principles and provisions of relevant, how long would not exist. 2, and full respect for the rights of owners set up the Commission is the owner of democracy and the rule of law cells. As long as these cells healthy and universal democracy and the rule of law will certainly have my healthy body without further petition and bloodshed. The Commission is trying to control the owners of the fabric of our democracy and the rule of law and erosion of the cells killed. Therefore, the property management companies should recognize : local government departments normative documents on the establishment of property management companies and owners of the preparatory group of the Committee to recommend candidates for the Commission only their owners can use a short opportunities. This opportunity can be used to assist owners to form committees, rather than through the black-box operation, and one by the Committee to control the owners. Only in this way can we eliminate long formed between owners and taught, and made its owner trust between the Commission and the owners to obtain "the property management contract with". Between the Commission and the owners made "a property management contract", the real thoughts services for owners, then both owners of the Committee set up to assist the credit, and between owners and owners Commission and the district's geographical proximity, The Commission renewed with the owners in the search for the "entrusted property management contracts," and who own more than competitive edge? ! Property management companies in particular should be aware of : this opportunity is short, missed this opportunity, it will not be. the following seven words to summarize the text :
door entirely developers, the money just book contract; Front money to the owners to the proceedings on the crisis more; No one would ever do something, but reputation in the outside; Taught is quite thick. Area Yi ingredient to stay. Assist in the establishment of industry, and took away Credit for researchers; Since the Convention into money tree, money to waste; For the first contract-based operation, 10 years is not good for passenger shop; Those, who are here with the intention? .
[ author contact telephone number : 13901040861, 010-65155130; Postal address : 22 West Beijing Jianguomenwai Avenue Building 405 Room; Zip code : 100004; E-MAIL:email@example.com] 物业管理企业的危机和出路