Translate

Monday, August 19, 2013

Accounting Definition, ACCOCUCNTING TERMS, ACCOUNTING GLOSSARY

A

Accelerated Depreciation
Method that records greater depreciation than straight-line depreciation in the early years and less depreciation than straight-line in the later years of an asset's holding period. (See straight-line depreciation.)
Account
Formal record that represents, in words, money or other unit of measurement, certain resources, claims to such resources, transactions or other events that result in changes to those resources and claims.
Account Payable
Amount owed to a creditor for delivered goods or completed services.
Account Receivable
Claim against a debtor for an uncollected amount, generally from a completed transaction of sales or services rendered.
Accountant's Report
Formal document that communicates an independent accountant's: (1) expression of limited assurance on financial statements as a result of performing inquiry and analytic procedures (Review Report); (2) results of procedures performed (Agreed-Upon Procedures Report); (3) non-expression of opinion or any form of assurance on a presentation in the form of financial statements information that is the representation of management (Compilation Report); or (4) an opinion on an assertion made by management in accordance with the Statements on Standards for Attestation Engagements (Attestation Report). An accountant's report does not result from the performance of an audit. (See auditor's report.)
Accounting Change
Change in (1) an accounting principle; (2) an accounting estimate; or (3) the reporting entity that necessitates disclosure and explanation in published financial reports.
Accounting Principles Board (APB)
Senior technical committee of the American Institute of Certified Public Accountants (AICPA) which issued pronouncements on accounting principles from 1959-1973. The APB was replaced by the Financial Accounting Standards Board (FASB).
Accrual Basis
Method of accounting that recognizes revenue when earned, rather than when collected. Expenses are recognized when incurred rather than when paid.
Accumulated Depreciation
Total depreciation pertaining to an asset or group of assets from the time the assets were placed in services until the date of the financial statement or tax return. This total is the contra account to the related asset account.
Additional Paid in Capital
Amounts paid for stock in excess of its par value or stated value. Also, other amounts paid by stockholders and charged to equity accounts other than capital stock.
Adverse Opinion
Expression of an opinion in an auditor's report which states that financial statements do not fairly present the financial position, results of operations and cash flows in conformity with generally accepted accounting principles (GAAP).
Affiliated Company
Company, or other organization related through common ownership, common control of management or owners, or through some other control mechanism, such as a long-term lease.
Analyst
Person who evaluates and interprets public company financial statements.
Analytical Procedures
Substantive tests of financial information which examine relationships among data as a means of obtaining evidence. Such procedures include: (1) comparison of financial information with information of comparable prior periods; (2) comparison of financial information with anticipated results (e.g., forecasts); (3) study of relationships between elements of financial information that should conform to predictable patterns based on the entity's experience; (4) comparison of financial information with industry norms.
Annual Report
Report to the stockholders of a company which includes the company's annual, audited balance sheet and related statements of earnings, stockholders' or owners' equity and cash flows, as well as other financial and business information.
Annuity
Series of payments, usually payable at specified time intervals.
Audit
The inspection of a business or other organization’s accounting records and procedures. Done by a trained accountant from within the organization (internal audit) or by an outsider (independent audit) for the purpose of verifying the accuracy and completeness of the records.
Audit Engagement
Agreement between a CPA firm and its client to perform an audit.
Auditor's Report
Written communication issued by an independent certified public accountant (CPA) describing the character of his or her work and the degree of responsibility taken. An auditor's report includes a statement that the audit was conducted in accordance with generally accepted auditing standards (GAAS), which require that the auditor plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, as well as a statement that the auditor believes the audit provides a reasonable basis for his or her opinion. (See accountant's report.)

B

Balance
Sum of debit entries minus the sum of credit entries in an account. If positive, the difference is called a debit balance; if negative, a credit balance.
Balance Sheet
Basic financial statement, usually accompanied by appropriate disclosures that describe the basis of accounting used in its preparation and presentation of a specified date, the entity's assets, liabilities and the equity of its owners. Also known as statement of financial condition.
Bankruptcy
Legal process, governed by federal statute, whereby the debts of an insolvent person are liquidated after being satisfied to the greatest extent possible by the debtor's assets. During bankruptcy, the debtor's assets are held and managed by a court-appointed trustee.
Bond
One type of long-term promissory note, frequently issued to the public as a security regulated under federal securities laws or state blue sky laws. Bonds can either be registered in the owner's name or are issued as bearer instruments.

C

Capital
Assets intended to further production. The amount invested in a proprietorship, partnership, or corporation by its owners.
Capital Gain
Portion of the total gain recognized on the sale or exchange of a noninventory asset which is not taxed as ordinary income. Capital gains have historically been taxed at a lower rate than ordinary income.
Capital Stock
Ownership shares of a corporation authorized by its articles of incorporation. The money value assigned to a corporation's issued shares. The balance sheet account with the aggregate amount of the par value or stated value of all stock issued by a corporation.
Capitalized Cost
Expenditure identified with goods or services acquired and measured by the amount of cash paid or the market value of other property, capital stock, or services surrendered. Expenditures that are written off during two or more accounting periods.
Capitalized Interest
Interest cost incurred during the time necessary to bring an asset to the condition and location for its intended use and included as part of the historical cost of acquiring the asset.
Cash Basis
Method of bookkeeping by which revenues and expenditures are recorded when they are received and paid. (See other comprehensive basis of accounting.)
Cash Flows
Net of cash receipts and cash disbursements relating to a particular activity during a specified accounting period.
Casualty Loss
Sudden property loss caused by theft, accident, or natural causes.
Certified Financial Planner (CFP)
Individual who is trained to develop and implement financial plans for individuals, businesses, and organizations, utilizing knowledge of income and estate tax, investments, risk-management analysis and retirement planning. CFPs are certified after completing a series of requirements that include education, experience, ethics and an exam. CFPs are not regulated by a governmental authority.
Certified Fraud Examiner (CFE)
A specialist who is educated and trained in the detection and deterrence of a wide variety of white-collar crimes such as identity theft, fraud and embezzlement. CFEs gather evidence, take statements, write reports and assist in investigating fraud in its varied forms. CFEs are employed by most major corporations and government agencies, and others provide consulting and investigative services. Certified Fraud Examiners come from various professions, including auditors, CPAs, fraud investigators, loss prevention specialists, attorneys, educators and criminologists. A CPA with the CFE (Certified Fraud Examiner) designation is a certified public accountant who specializes in fraud examination. Having dual certification increases one's credibility, earning potential and career possibilities due to, in part, increased demand in the marketplace and the rise in financial crimes. By earning the CFE credential as a CPA, you'll show prospective employers that you exemplify the highest moral and ethical standards of the profession and you have the ability to conduct complete, efficient, thorough and ethical fraud investigations.
Certified Internal Auditor (CIA)
An international certification awarded by the Institute of Internal Auditors (IIA) that reflects competence in the principles and practices of internal auditing.
Certified Management Accountant (CMA)
An accreditation conferred by the Institute of Management Accountants that indicates the designee has passed an examination and attained certain levels of education and experience in the practice of accounting in the private sector.
Combined Financial Statement
Financial statement comprising the accounts of two or more entities.
Common Stock
Capital stock having no preferences generally in terms of dividends, voting rights or distributions. (See preferred stock.)
Comparative Financial Statement
Financial statement presentation in which the current amounts and the corresponding amounts for previous periods or dates also are shown.
Compensatory Balance
Funds that a borrower must keep on deposit as required by a bank.
Compilation
Presentation of financial statement data without the accountant's assurance as to conformity with generally accepted accounting principles (GAAP).
Conservatism
An investment strategy aimed at long-term capital appreciation with low risk; moderate; cautious; opposite of aggressive behavior; show possible losses but wait for actual profits. Concept which directs the least favorable effect on net income.
Consistency
Accounting postulate which stipulates that, except as otherwise noted in the financial statement, the same accounting policies and procedures have been followed from period to period by an organization in the preparation and presentation of its financial statements.
Consolidated Financial Statements
Combined financial statements of a parent company and one or more of its subsidiaries as one economic unit.
Consolidation
Business combination of two or more entities that occurs when the entities transfer all of their net assets to a new entity created for that purpose. (See merger.)
Contra Account
Account considered to be an offset to another account. Generally established to reduce the other account to amounts that can be realized or collected.
Control Risk
Measure of risk that errors exceeding a tolerable amount will not be prevented or detected by an entity's internal controls.
Controller
Experienced accountant who directs internal accounting processes and procedures, including cost accounting.
Corporation
Form of doing business pursuant to a charter granted by a state or federal government. Corporations typically are characterized by the issuance of freely transferable capital stock, perpetual life, centralized management, and limitation of owners' liability to the amount they invest in the business.
Cost Accounting
Procedures used for rationally classifying, recording, and allocating current or predicted costs that relate to a certain product or production process.
Credit Agreement
Arrangement in which one party borrows or takes possession in the present by promising to pay in the future.
Credit Balance
Balance remaining after one of a series of bookkeeping entries. This amount represents a liability or income to the entity. (See balance.)
Creditor
Party that loans money or other assets to another party.
Current Asset
Asset that one can reasonably expect to convert into cash, sell, or consume in operations within a single operating cycle, or within a year if more than one cycle is completed each year.
Current Liability
Obligation whose liquidation is expected to require the use of existing resources classified as current assets, or the creation of other current liabilities.
Current Value
(1) Value of an asset at the present time as compared with the asset's historical cost. (2) In finance, the amount determined by discounting the future revenue stream of an asset using compound interest principles.

D

Debit
Entry on the left side of a double-entry bookkeeping system that represents the addition of an asset or expense or the reduction to a liability or revenue. (See credit.)
Debit Balance
Balance remaining after one or a series of bookkeeping entries. This amount represents an asset or an expense of the entity. (See balance.)
Default
Failure to meet any financial obligation. Default triggers a creditor's rights and remedies identified in the agreement and under the law.
Deferred Income
Income received but not earned until all events have occurred. Deferred income is reflected as a liability.
Deficit
Financial shortage that occurs when liabilities exceed assets.
Depletion
Method of computing a deduction to account for a reduction in value of extractable natural resources.
Depreciation
Expense allowance made for wear and tear on an asset over its estimated useful life. (See accelerated depreciation and straight-line depreciation.)
Derivatives
Financial instruments whose value varies with the value of an underlying asset (such as a stock, bond, commodity or currency) or index such as interest rates. Financial instruments whose characteristics and value depend on the characterization of an underlying instrument or asset.
Directors
People with overall responsibility for a business, who act in accordance with the best interests of the corporation and its shareholders. The Directors elect the Officers (for example, President, Vice President, Secretary, Chief Financial Officer) to handle the corporation’s day-to-day affairs.
Disbursement
Payment by cash or check.
Disclosure
Process of divulging accounting information so that the content of financial statements is understood.
Discount
Reduction from the full amount of a price or debt.
Distributions
Payment by a business entity to its owners of items such as cash assets, stocks, or earnings.
Double-Entry Bookkeeping
Method of recording financial transactions in which each transaction is entered in two or more accounts and involves two-way, self-balancing posting. Total debits must equal total credits.
Due Diligence
(1) Procedures performed by underwriters in connection with the issuance of a securities exchange commission (SEC) registration statement. These procedures involve questions concerning the company and its business, products, competitive position, recent financial and other developments, and prospects. Also performed by others in connection with acquisitions and other transactions. (2) Requirement found in ethical codes that the person governed by the ethical rules exercise professional care in conducting his or her activities.

F

Fair Market Value
Price at which property would change hands between a buyer and a seller without any compulsion to buy or sell, and both having reasonable knowledge of the relevant facts.
Fiduciary
Person who is responsible for the administration of property owned by others. Corporate management is a fiduciary with respect to corporate assets which are beneficially owned by the stockholders and creditors. Similarly, a trustee is the fiduciary of a trust and partners owe fiduciary responsibility to each other and to their creditors.
Financial Accounting Standards Board (FASB)
Independent, private, non-government group which is authorized by the accounting profession to establish generally accepted accounting principles in the U.S.
Financial Statements
Presentation of financial data including balance sheets, income statements and statements of cash flow, or any supporting statement that is intended to communicate an entity's financial position at a point in time and its results of operations for a period then ended.
Fiscal Year
Period of 12 consecutive months chosen by an entity as its accounting period which may or may not be a calendar year.
Fixed Asset
Any tangible asset with a life of more than one year used in an entity's operations.
Forecast
Prospective financial statements that are an entity's expected financial position, results of operations, and cash flows.
Foreclosure
Seizure of collateral by a creditor when default under a loan agreement occurs.
Forensic Accounting
Provides for an accounting analysis that is suitable to a court of law which will form the basis for discussion, debate, and ultimately dispute resolution. Forensic accounting encompasses investigative accounting and litigation support. Forensic accountants utilize accounting, auditing, and investigative skills when conducting an investigation. Equally critical is the ability to respond immediately and to communicate financial information clearly and concisely in a courtroom setting.
Franchise
Legal arrangement whereby the owner of a trade name, the franchiser, contracts with a party that wants to use the name on a non-exclusive basis to sell goods or services, the franchisee. Frequently, the franchise agreement grants strict supervisory powers to the franchiser over the franchisee which, nevertheless, is an independent business.
Fraud
The use of one's occupation for personal enrichment through the deliberate misuse or misapplication of employing an organization's resources or assets. This can include the fraudulent conversion and obtaining of money or property by false pretenses.
Fund Accounting
Method of accounting and presentation whereby assets and liabilities are grouped according to the purpose for which they are to be used. Generally used by government entities and not-for-profits. (See restricted fund and unrestricted fund.)

G

GAAP (Generally accepted accounting principles)
Recognized common set of accounting principles, standards, and procedures. This is a combination of accepted methods of doing accounting and authoritative standards set by policy boards.
General Ledger
Premium paid in the acquisition of an entity over the fair value of its identifiable tangible and intangible assets less liabilities assumed.

I

Income
Inflow of revenue during a period of time. (See net income.)
Income Statement
Summary of the effect of revenues and expenses over a period of time.
Income Tax Basis
(1) For tax purposes, the concept of basis determines the proper amount of gain to report when an asset is sold. Basis is generally the cost paid for an asset plus the amounts paid to improve the asset less deductions taken against the asset, such as depreciation and amortization. (2) For accounting purposes, a consistent basis of accounting that uses income tax accounting rules while generally accepted accounting principles (GAAP) does not. (See other comprehensive basis of accounting.)
Insolvent
When an entity's liabilities exceed its assets.
Installment
One of the portions, usually equal, into which a debt is divided for payment at specified intervals over a fixed period.
Interest
Payment for the use or forbearance of money.
Internal Control
Process designed to provide reasonable assurance regarding achievement of various management objectives such as the reliability of financial reports.
Internal Revenue Service (IRS)
Federal agency that administers the internal revenue code. The IRS is part of the United States Treasury Department.
Inventory
Tangible property held for sale, or materials used in a production process to make a product.
Investment
Expenditure used to purchase goods or services that could produce a return to the investor.

L

Letter of Credit
Conditional bank commitment issued on behalf of a customer to pay a third party in accordance with certain terms and conditions. The two primary types are commercial letters of credit and standby letters of credit.
Liability
Debts or obligations owed by one entity (debtor) to another entity (creditor) payable in money, goods, or services.
Limited Liability Company (LLC)
Form of doing business combining limited liability for all owners (called members) with taxation as a partnership. An LLC is formed by filing articles of organization with an appropriate state official. Rules governing LLCs vary significantly from state to state.
Limited Liability Partnership (LLP)
General partnership which, via registration with an appropriate state authority, is able to enshroud all its partners in limited liability. Rules governing LLPs vary significantly from state to state.
Liquidation
Winding up an activity by distributing its assets to the appropriate parties and settling its debts.
Litigation Support/Dispute Resolution
A service that CPAs often provide to attorneys — e.g., expert testimony about the value of a business or other asset, forensic accounting (a partner stealing from his other partners, or a spouse understating his income in a matrimonial action). The lawyer hires the CPA to do the investigation and determine the amount of money stolen or understated.
Loss
Excess of expenditures over revenue for a period or activity. Also, for tax purposes, an excess of basis over the amount realized in a transaction. (See net income.)


N

Negligence
The failure to use such care as a reasonably prudent and careful person would use under similar circumstances; it is the doing of some act which a person of ordinary prudence would not have done under similar circumstances or failure to do what a person of ordinary prudence would have done under similar circumstances. The term refers only to that legal delinquency which results whenever one fails to exhibit the care which one ought to exhibit, whether it be slight, ordinary, or great.
Net Assets
Excess of the value of securities owned, cash, receivables, and other assets over the liabilities of the company.
Net Income
Excess or deficit of total revenues and gains compared with total expenses and losses for an accounting period. (See income and loss.)
Net Sales
Sales at gross invoice amounts less any adjustments for returns, allowances, or discounts taken.
Net Worth
Similar to equity, the excess of assets over liabilities.
Non-profit organization/tax-exempt organization
An incorporated organization which exists for educational or charitable purposes, and from which its

T

Tangible Asset
Assets having a physical existence, such as cash, land, buildings, machinery, or claims on property, investments, or goods in process. (See intangible assets.)
Tax
Charge levied by a governmental unit on income, consumption, wealth, or other basis.
Taxation
Process of instituting a charge against a legal entity's person, property or activity for the support of government. (For example, income taxes, sales taxes, duties and levies.) [See Tax]
Trust
Ancient legal practice where one person (the grantor) transfers the legal title to an asset, called the principle or corpus, to another person (the trustee), with specific instructions about how the corpus is to be managed and disposed. shareholders or trustees do not benefit financially. Also called not-for-profit organization.Working Capital
Excess of current assets over current liabilities.


Wednesday, July 17, 2013

RIGHTS OF UNPAID SELLER



                               RIGHTS OF UNPAID SELLER


  Seller

party that makes, offers or contracts to make a sale to an actual or potential buyer

" Unpaid seller"
 The seller of goods is deemed to be an" unpaid seller" within the meaning of this Act-
(a) when the whole of the price has not been paid or tendered;
(b) when a bill of exchange or other negotiable instrument has been received as conditional payment, and the condition on which it was received has not been fulfilled by reason of the dishonour of the instrument 
Note
" seller" includes any person who is in the position of a seller, as, for instance, an agent of the seller.

 Unpaid seller' s rights.

(a) a lien on the goods for the price while he is in possession of them;
(b) in case of the insolvency of the buyer a right of stopping the goods in transit after he has parted with the possession of them;
(c) a right of re- sale as limited by this Act.

Seller' s lien.

The unpaid seller of goods who is in possession of goods is entitled to retain possession of them until payment or tender of the price in the following cases, namely:-
(a) where the goods have been sold without any stipulation as to credit;
(b) where the goods have been sold on credit, but the term of credit has expired;
(c) where the buyer becomes insolvent.
(2) The seller may exercise his right of lien even he is in possession of the goods as agent or bailee for the buyer.
 Part delivery.- Where an unpaid seller has made part delivery of the goods, he may exercise his right of lien on the remainder, unless such part delivery has been made under such circumstances as to show an agreement to waive the lien.

49. Termination of lien.

(1) The unpaid seller of goods loses his right of lien in the following cases:
(a) when he delivers the goods to a carrier or other bailee for the purpose of transmission to the buyer without reserving the right of disposal of the goods;
(b) when the buyer or his agent lawfully obtains possession of the goods;
(c) by waiver 
(2) The unpaid seller of goods, having a lien , does not lose his lien by reason only that he has obtained a decree for the price of the goods.

 Stoppage in transit

50. Right of stoppage in transit.-
when the buyer of goods becomes insolvent, the unpaid seller who has parted with the possession of the goods has the right of stopping them in transit, that is to say, he may resume possession of the goods as long as they are in the course of transit, and may retain them until payment or tender of the price.
51. Duration of transit.-
(1) Goods are deemed to be in course of transit from the time when they are delivered to a carrier or other bailee for the purpose of
transmission to the buyer, until the buyer or his agent in that behalf takes delivery of them from such carrier or other bailee.
(2) If the buyer or his agent in that behalf obtains delivery of the goods before their arrival at the appointed destination, the transit is at an end.
(3) If, after the arrival of the goods at the appointed destination, the carrier or other bailee acknowledges to the buyer or his agent that he holds the goods on his behalf and continues in possession of them as bailee for the buyer or his agent, the transit is at an end and it is immaterial that a further destination for the goods may have been indicated by the buyer.
(4) If the goods are rejected by the buyer and the carrier or other bailee continues in possession of them, the transit is not deemed to be at an end, even if the seller has refused to receive them back.
(5) When goods are delivered to a ship chartered by the buyer, it is a question depending on the circumstances of the particular case, Whether they are in the possession of the master as a carrier or as agent of the buyer.
(6) Where the carrier or other bailee wrongfully refuses to deliver the goods to the buyer or his agent in that behalf, the transit is deemed to be at an end.
(7) Where part delivery of the goods has been made to the buyer or his agent in that behalf, the remainder of the goods may be stopped in transit, unless such part delivery has been given in such circum- stances as to show an agreement to give up possession of the whole of the goods.
52. How stoppage in transit is effected.-
(1) The unpaid seller may exercise his right of stoppage in transit either by taking actual possession of the goods, or by giving notice of his claim to the carrier or other bailee in whose possession the goods are. Such notice may be given either to the person in actual possession of the goods or to his principal. In the latter case the notice, to be effectual, shall be given at such time and in such circumstances that the principal, by the exercise of reasonable diligence, may communicate it to his servant or agent in time to prevent a delivery to the buyer.
(2) When notice of stoppage in transit is given by the seller to the carrier or other bailee in possession of the goods, he shall redeliver the goods to, or according to the directions of, the seller. The expenses of such re- delivery shall be borne by the seller.
Transfer by buyer and seller
53. Effect of subsale or pledge by buyer.-
(1) Subject to the provisions of this Act, the unpaid seller' s right of lien or stoppage in transit is not affected by any sale or other disposition of the goods which the buyer may have made, unless the seller has assented thereto: Provided that where a document of title to goods has been issued or lawfully transferred to any person as buyer or owner of the goods, and that person transfers the document to a person who takes the document in good faith and for consideration, then, if such last men- tioned transfer was by way of sale, the unpaid seller' s right of lien or stoppage in transit is defeated, and, if such last mentioned transfer was by way of pledge or other disposition for value, the unpaid seller' s right of lien or stoppage in transit can only be exercised subject to the rights of the transferee.
(2) Where the transfer is by way of pledge, the unpaid seller may require the pledgee to have the amount secured by the pledge satisfied in the first instance, as far as possible, out of any other goods or securities of the buyer in the hands of the pledgee and available against the buyer.
54. Sale not generally rescinded by lien or stoppage in transit.-
(1) Subject to the provisions of this section, a contract of sale is not rescinded by the mere exercise by an unpaid seller of his right of lien or stoppage in transit.
(2) Where the goods are of a perishable nature, or where the un- paid seller who has exercised his right of lien or stoppage in transit gives notice to the buyer of his intention to re- sell, the unpaid seller may, if the buyer does not within a reasonable time pay or tender the price, re- sell the goods within a reasonable time and recover from the original buyer damages for any loss occasioned by his breach of contract, but the buyer shall not be entitled to any profit which may occur on the re- sale, If such notice is not given, the unpaid seller shall not be entitled to recover such damages and the buyer shall be entitled to the profit, if any, on the re- sale.
(3) Where an unpaid seller who has exercised his right of lien or stoppage in transit re- sells the goods, the buyer acquires a good title thereto as against the original buyer, notwithstanding that no notice of the re- sale has been given to the original buyer.
(4) Where the seller expressly reserves a right of re- sale in case the buyer should make default, and, on the buyer making default, re- sell, s the goods, the original contract of sale is thereby rescinded, but without prejudice to any claim which the seller may have for damages.