Tuesday, March 10, 2009
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6 ozfard business college Lonsdale Street Campus: Level 9, 123 Lonsdale Street Melbourne 3000 Australia +61 3 8663 7188
7 Pacific College of Technology Pacific College of Technology Level 1, 91-95 Rawson St. Auburn NSW 2144 Australia +61 2 96497767
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Friday, January 16, 2009
Process
The maximum amount of the loan is determined by the collateral. Typical lenders will offer up to 50% of the car's resale value, though some will go higher. The borrower must hold clear title to the car; this means that the car must not be collateral for any other loans (e.g. if it is financed).
The lender will take steps to ensure that if necessary, they can repossess the car. They might hold physical possession of the car throughout the term of the loan, or they might keep a duplicate set of keys. Other companies install GPS tracking devices; one describes a device that permits the lender to remotely disable and re-enable the car's ignition[2].
Depending on the state where the lender is located, interest rates typically range from 36% to as high as 651.79% (APR). The borrower might in some cases be required to make several payments of interest only during the term of the loan. At the end of the term of the loan, the full outstanding amount may be due in a single balloon payment. If the borrower is unable to repay the loan at this time, then they can roll the balance over, and take out a new title loan. Government regulation often limits the total number of times that a borrower can roll the loan over, so that they do not remain perpetually in debt.
In jurisdictions with rate caps, a similar transaction is sometimes marketed as something other than a loan. One structure is a "sale-leaseback" between the borrower, who sells their car, and the lender, who buys it. The "interest" becomes a lease payment, and the "principal" is repaid when the borrower buys back their car. These structures have attracted regulatory attention; they are forbidden in several US states, including California.
A car title loan
A car title loan, or simply title loan, is a loan where the borrower provides their car as collateral. If the borrower defaults, then the lender may take possession of the car. This makes the loan less risky for the lender, and may permit the borrower to obtain a lower interest rate than they could get on an unsecured loan.
These loans are typically short-term, and tend to carry high interest rates. They are therefore used mostly by subprime borrowers with few alternatives.[1] In addition to verifying the borrower's collateral, many lenders verify that the borrower is employed or has some other source of regular income. The lenders do not generally consider the borrower's credit score. In this sense, title loans are broadly similar to the (typically unsecured) payday loans, and sometimes offered by the same non-bank lenders.
Nature of settlement
Settlement involves the delivery of securities from one party to another. Delivery usually takes place against payment, but some deliveries are made without a corresponding payment. Examples are the delivery of securities collateral against a loan of securities, and a delivery made pursuant to a margin call.
Traditional settlement
Traditionally, securities settlement has involved the physical movement of paper instruments, or certificates and transfer forms. Payment was usually made by cheque. It was also risky, inasmuch as paper instruments, certificates, and transfer forms were relatively easy to lose, steal, and forge (see indirect holding system). the United States markets experienced what has become known as "the paper crunch," as settlement delays threatened to disrupt the operations of the securities markets.
This led to the formation of the Depository Trust Company (DTC), and ultimately its parent, the Depository Trust & Clearing Corporation. In the United Kingdom, the weakness of paper-based settlement was exposed by a programme of privatisation of nationalised industries in the 1980s, and the Big Bang of 1986 led to an explosion in the volume of trades, and settlement delays became significant. In the market crash of 1987, many investors sought to limit their losses by selling their securities, but found that the failure of timely settlement left them exposed.
Electronic settlement
The electronic settlement system came about largely as a result of Clearance and Settlement Systems in the World's Securities Markets, a major report in 1989 by the Washington-based think tank, the Group of Thirty. This report made nine recommendations with a view to achieving more efficient settlement. This was followed up in 2003 with a report called Clearing and Settlement: A Plan of Action[1] with 20 recommendations.
In an electronic settlement system, electronic settlement takes place between participants. If a non-participant wishes to settle its interests, it must do so through a participant acting as a custodian. The interests of participants are recorded by credit entries in securities accounts maintained in their names by the operator of the system. It permits both quick and efficient settlement by removing the need for paperwork, and the synchronisation of the delivery of securities with the payment of a corresponding cash sum (called delivery versus payment, or DVP).
The recent development of electronic securities trading has brought about settlement pressures akin to the paper crunch of the 1970s and 1980s, rendering the need for further efficiencies urgent.
Legal significance
After the trade and before settlement, the rights of the purchaser are contractual and therefore personal. Because they are merely personal, their rights are at risk in the event of the insolvency of the vendor. After settlement, the purchaser owns securities and their rights are proprietary. Settlement is the delivery of securities to complete trades. It involves upgrading personal rights into property rights and thus protects market participants from the risk of the default of their counterparties.
Immobilisation and dematerialisation
Immobilisation and dematerialisation are the two broad goals of electronic settlement. Both were identified by the influential report by the Group of Thirty in 1989.
[edit] Immobilisation
Immobilisation entails the use of securities in paper form and the use of depositaries, which are electronically linked to a settlement system. Securities (either constituted by paper instruments or represented by paper certificates) are immobilised in the sense that they are held by the depositary at all times. In the historic transition from paper-based to electronic practice, immoblisation often serves as a transitional phase prior to dematerialisation.
The Depository Trust Company in New York is the largest immobilizer of securities in the world. Euroclear and Clearstream Banking, Luxembourg are two important examples of international immobilisation systems. Both originally settled eurobonds, but now a wide range of international securities are settled through them including many types of sovereign debt and equity securities.
[edit] Dematerialisation
Dematerialisation involves dispensing of paper instruments and certificates altogether. Dematerialised securities exist only in the form of electronic records. The legal impact of dematerialisation differs in relation to bearer and registered securities respectively.
Direct and indirect holding systems
In a direct holding system, participants hold the underlying securities directly. The settlement system does not stand in the chain of ownership, but merely serves as a conduit for communications of participants to issuers.
Regular Days to Settle Instruments
| Instrument | Days to Settle |
|---|---|
| Stocks | 3 |
| Money Market Mutual Fund | 1 |
| Options | 1 |
FINANCE
Settlement (of securities) is the process whereby securities or interests in securities are delivered, usually against payment, to fulfill contractual obligations, such as those arising under securities trades.
This involves the delivery of securities to perform contractual delivery obligations. It usually also involves the corresponding payment of a purchase price. Usually settlement is preceded by trading, which involves entering into contracts of sale and purchase.
Although settlement is generally becoming quicker, in most markets a number of business days still elapse between trading and settlement (the settlement date). The settlement date for marketable stocks is usually three business days after the trade was executed and for listed options and government securities it is usually one day. A number of risks arise for the parties during the settlement interval, which are managed by the process of clearing, which follows trading and precedes settlement. Clearing involves modifying those contractual obligations so as to facilitate settlement, often by netting and novation.
Income from discharge of indebtedness
Although a loan does not start out as income to the borrower, it becomes income to the borrower if the borrower is discharged of indebtedness. [18] Thus, if a debt is discharged, then the borrower essentially has received income equal to the amount of the indebtedness. The Internal Revenue Code lists “Income from Discharge of Indebtedness” in Section 62(a)(12) as a source of gross income.
Example: X owes Y $50,000. If Y discharges the indebtedness, then X no longer owes Y $50,000. For purposes of calculating income, this should be treated the same way as if Y gave X $50,000.
For a more detailed description of the “discharge of indebtedness”, look at Section 108 (Cancellation of Debt (COD) Income) of the Internal Revenue Code.[19]
United States taxes
United States taxes
Most of the basic rules governing how loans are handled for tax purposes in the United States are uncodified by both Congress (the Internal Revenue Code) and the Treasury Department (Treasury Regulations — another set of rules that interpret the Internal Revenue Code).[2] Yet such rules are universally accepted.[3]
1. A loan is not gross income to the borrower.[4] Since the borrower has the obligation to repay the loan, the borrower has no accession to wealth.[5]
2. The lender may not deduct the amount of the loan.[6] The rationale here is that one asset (the cash) has been converted into a different asset (a promise of repayment).[7] Deductions are not typically available when an outlay serves to create a new or different asset.[8]
3. The amount paid to satisfy the loan obligation is not deductible by the borrower.[9]
4. Repayment of the loan is not gross income to the lender.[10] In effect, the promise of repayment is converted back to cash, with no accession to wealth by the lender.[11]
5. Interest paid to the lender is included in the lender’s gross income.[12] Interest paid represents compensation for the use of the lender’s money or property and thus represents profit or an accession to wealth to the lender.[13] Interest income can be attributed to lenders even if the lender doesn’t charge a minimum amount of interest.[14]
6. Interest paid to the lender may be deductible by the borrower.[15] In general, interest paid in connection with the borrower’s business activity is deductible, while interest paid on personal loans are not deductible.[16] The major exception here is interest paid on a home mortgage.[17]
Abuses in lending
Predatory lending is one form of abuse in the granting of loans. It usually involves granting a loan in order to put the borrower in a position that one can gain advantage over him or her. Where the moneylender is not authorised, it could be considered a loan shark.
Usury is a different form of abuse, where the lender charges excessive interest. In different time periods and cultures the acceptable interest rate has varied, from no interest at all to unlimited interest rates. Credit card companies in some countries have been accused by consumer organisations of lending at usurious interest rates and making money out of frivolous "extra charges". [1]
Abuses can also take place in the form of the customer abusing the lender by not repaying the loan or with an intent to defraud the lender.
Unsecured
Unsecured loans are monetary loans that are not secured against the borrowers assets. These may be available from financial institutions under many different guises or marketing packages:
- credit card debt
- personal loans
- bank overdrafts
- credit facilities or lines of credit
- corporate bonds
The interest rates applicable to these different forms may vary depending on the lender and the borrower. These may or may not be regulated by law. In the United Kingdom, when applied to individuals, these may come under the Consumer Credit Act 1974.
Secured
Secured
A secured loan is a loan in which the borrower pledges some asset (e.g. a car or property) as collateral for the loan.
A mortgage loan is a very common type of debt instrument, used by many individuals to purchase housing. In this arrangement, the money is used to purchase the property. The financial institution, however, is given security — a lien on the title to the house — until the mortgage is paid off in full. If the borrower defaults on the loan, the bank would have the legal right to repossess the house and sell it, to recover sums owing to it.
In some instances, a loan taken out to purchase a new or used car may be secured by the car, in much the same way as a mortgage is secured by housing. The duration of the loan period is considerably shorter — often corresponding to the useful life of the car. There are two types of auto loans, direct and indirect. A direct auto loan is where a bank gives the loan directly to a consumer. An indirect auto loan is where a car dealership acts as an intermediary between the bank or financial institution and the consumer.
A type of loan especially used in limited partnership agreements is the recourse note.
A stock hedge loan is a special type of securities lending whereby the stock of a borrower is hedged by the lender against loss, using options or other hedging strategies to reduce lender risk.[citation needed]
A pre-settlement loan is a non-recourse debt, this is when a monetary loan is given based on the merit and awardable amount in a lawsuit case. Only certain types of lawsuit cases are eligible for a pre-settlement loan.[citation needed] This is considered a secured non-recourse debt due to the fact if the case reaches a verdict in favor of the defendant the loan is forgiven.
A LONA IS A TYPE OF DEBT
A loan is a type of debt. This article focuses exclusively on monetary loans, although, in practice, any material object might be lent. Like all debt instruments, a loan entails the redistribution of financial assets over time, between the lender and the borrower.
The borrower initially does receive an amount of money from the lender, which they pay back, usually but not always in regular installments, to the lender. This service is generally provided at a cost, referred to as interest on the debt. A loan is of the annuity type if the amount paid periodically (for paying off and interest together) is fixed.
A borrower may be subject to certain restrictions known as loan covenants under the terms of the loan.
Acting as a provider of loans is one of the principal tasks for financial institutions. For other institutions, issuing of debt contracts such as bonds is a typical source of funding.
Legally, a loan is a contractual promise between two parties where one party, the creditor, agrees to provide a sum of money to a debtor, who promises to return the money to the creditor either in one lump sum or in parts over a fixed period in time. This agreement may include providing additional payments of rental charges on the funds advanced to the debtor for the time the funds are in the hands of the debtor (interest).