The financial crisis has resulted in an unstable state of the industry even more than business. Many wanted to know the true value of their case and appealed for help to the valuation company. Independent assessment of business can not only maintain and develop business but also make you more confident when making transactions. A competent appraiser will give an objective assessment, expressed in the value of an object. And with the claimed amount you can go as to the bank for a loan, as to a partner for the formation of the total capital.
To date, the basic regulations governing the assessment activities in Ukraine are: the Law of Ukraine "About the property valuation, property rights and professional appraisal activities in Ukraine" dated 12 June 2001; National standard number 1, "General principles of property assessment and property rights "on September 10, 2003 № 1440, National Standard № 2" Evaluation of real estate "on October 28, 2004 1442," Standards of professional appraiser. As well as a variety of techniques, explanations, letters and other legal acts relating to assessment activities.
Who is eligible to assess?
According to ukrainian legislation subjects of evaluation activities are: duly registered individuals - the subjects of entrepreneurial activity, as well as legal persons irrespective of their legal form and ownership, engaged in economic activity, which included working at least one evaluator and have received a certificate subject of evaluation activity; government authorities and the local authorities who have authority to exercise appraisal activities, serving as the management and disposition of the public and (or) the communal property of which employ appraisers.
In which cases assessment is needed?
Assessment of the property must be done in such cases:
1. establishment of an enterprise (business associations) on the basis of state or municipal property;
2. reorganization, bankruptcy, liquidation of public utility companies or companies with a share of the state (municipal) property;
March. selection or identification of a share in the common property, which is the state or municipal share;
4. valuation of contributions from members and founders of the business entity if it entered the property business entities with the public (municipal) shares, as well as in the case of withdrawal (exclusion) of the participant or parent of the composition of such a society;
5. privatization and other disposition in cases prescribed by law lease, insurance, public (municipal) property, as well as the return of the property by a court;
6. revaluation of fixed assets for accounting purposes;
7. property taxation;
8. the definition of damage or the amount of compensation in cases stipulated by law;
In other cases - by a court decision or in connection with the need to protect the public interest.
Independent evaluation of the property necessarily carried out in the following cases:
1. pledge of state, or municipal property;
2. exclusion of state and municipal property in ways that do not involve competing buyers in the sales process or in case of a sale to one buyer;
3. determine the amount of damages or the amount of compensation.
Also during the settlement of disputes and in other cases prescribed by law or by agreement of the parties.
In addition, the legislation provides for cases where the assessment is not permitted by any subject of evaluation activities. These are cases where there is a reason to doubt the impartiality of an appraiser, for example, when the property belongs to the appraiser, or has any property rights to the site assessment, or he is interested in the evaluation.
Basis for assessing
Real estate appraisal is conducted under a contract between the subject of evaluation activity - subject of management - and the customer evaluation or a court decision on the appointment of appropriate expertise in property valuation. In the cases cited in legal acts of the assessment are approved by the Cabinet of Ministers of Ukraine, the subjects of assessment activities - both public authorities and local self - assess their own based on the orders of the Director. If the law provides for mandatory, independent assessment of property, public authorities and local governments serve the customers for such an assessment, by contract with appraisers set for competitive reasons, in the manner prescribed by law.
The contract to conduct the evaluation is in writing. Customers evaluation may be the property owners or their proxies. Customer must provide access to the property to be evaluated to give him the necessary and accurate information about the object. The essential terms of the contract to assess the property include: a list of property subject to assessment, the purpose of assessment; type value of the property (which is to be determined) Date of the assessment; deadline, the size and terms of payment rights and obligations of the parties, the terms of confidentiality; liable parties, dispute resolution.
Other significant conditions can be provided by law or other parties.