Work of Consignments
Work of Consignments
GENERAL INDEX
PAGES
INTRODUCTION............................................................... 3
CHAPTER I.
DEPOSITS
1.1. DEFINITION....................................................... 4
1.2. CHARACTERISTICS…………………………………………………… 5
1.3. DIFFERENCES BETWEEN SALE AND CONSIGNMENT……………….. 6
1.4. ADVANTAGES……………………………………… 7
1.4.1. CONSIGNOR
1.4.2. CONSIGNEE
1.5. LEGAL ASPECTS..................................................... 7
INTRODUCTION
3
DEPOSITS
CHAPTER I
DEPOSITS
1.1. DEFINITION:
COMMITTER OR CONSIGNOR
Merchant who sends goods, but not the title of ownership, to another.
that may be located in the same square or outside of it, so that it proceeds to
to sell it.
COMMISSION AGENT OR CONSIGNEE
The consigned goods remain the property of the consignor until the
the consignee does not make the sale, therefore, it must be shown in the
balance sheet in separate accounts and in the inventory section.
Due to the fact that it is not the property of the consignee, the merchandise in
Consignments will never appear in your books as part of your inventory, and
They will be accounted for in memorandum accounts. The same occurs with accounts payable.
3-In the event that the consignee becomes insolvent, the consignor
you can recover your goods, in which case you will not have to occupy a
positioned among the other creditors to be able to receive a settlement to
pro rata.
In a sale, the title of property of the goods passes from the seller to the buyer.
buyer, whereas in a consignment the title of ownership is
keeps the consignor until the consignee makes the sale to a
third.
DEPOSITS
1.4.1. CONSIGNOR:
1.4.2. CONSIGNEE:
The commercial code is one of the legal bases that establishes the
conditions and all aspects related to the consignments. A
the following presents the different articles with their analysis.
Art. 376._"Commission agents are those who engage in commercial acts on their own
name on behalf of a client.
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The broker is the one who carries out a commercial act, that is to say,
any type of transaction related to buying or selling
goods and the ability to obtain benefit from it, taking into account that e
the broker carries out this operation in his own name on behalf of
a principal.
Deposits
Art. 377._ "The commissioner is not obliged to declare the person with whom
the name of its principal is contracted; but is obligated directly and
personally towards that one, as if the business were his own.
Art. 378. "The principal has no action against the person with whom they have dealt
the broker and, conversely, this one does not have it against the principal.
The client has no dealings or relationship whatsoever with the person to whom the
the agent has dealt and similarly he does not have it with him either
principal.
Art. 379. "If the entrusted business is conducted under the name of the principal,
the rights and obligations it produces are determined by the
provisions of the Civil Code regarding the mandate contract; but the mandate
Commercial is not free by nature.
In case the business that was commissioned is carried out and executed in
name of the principal, the duties and rights that it produces are going to
establish through the civil code regarding the mandate contract,
considering that the commercial contract is not free of charge for
nature.
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Article 380._"The commissioner may accept or decline the commission that is given to him; but
if you refuse, you are obligated under liability for damages and losses:
To notify the client of their rejection as soon as possible.
2. To take, while receiving instructions, the conservative measures that the
business nature requires, such as those aimed at preventing the
Deposits
The broker may receive the merchandise sent to him or not, but
to refuse or reject certain merchandise will be under your responsibility
Art. 384. "The agent is responsible for the deterioration or loss of the thing
that it has in its possession, not arising from fortuitous events or from
own vice of the same thing, in the terms expressed in article 173.
The damage will be calculated based on the value of the item at the place and time in
The agent is responsible for the things, damages, losses, and deterioration.
of the consigned merchandise that it has under its responsibility, that
not originating from acts that happen randomly. The damage will be calculated by
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the value of whose thing or merchandise in the same place and at the time when
I would have arrived.
3.- To pay the client the balance that results in their favor, using the means
that he would have designated it; and in the absence of designation, in the manner that is customary
in the square.
Art. 401. "Whenever the agent sells on credit, he must state the
names of the buyers in the accounts and in the notifications that I give to the
the client, and by not doing so, it is understood that the sales were cash.
Article 402: 'The agent must collect the amounts due at their maturity.'
for the effects recorded; and is liable for the damages and losses caused by
its omission, unless it proves that it timely used the legal means to
get the payment.
The commission agent against the principal for the payment of his fee is
they are prescribed for two years.
Art. 382. "Once the commission is expressly or tacitly accepted, the commissioner must
execute it and conclude it; and if not doing so, without legal cause, will respond to the
the party responsible for the damages and losses that may occur. But if the commission
requires funding provision, the broker is not obliged to execute it
even if she has accepted it, as long as the client does not make the provision to her
sufficient amount, and it may still suspend the commission when it has
The received supply is exhausted.
R/ The agent accepting the commission must accept it and conclude it; and
not doing so, without legal cause, is obligated to respond for the
damages and losses that may occur to him. In case the commission
requires funds provision, the commissioner is not found in the
obligation to execute it even though the principal has accepted it, if the client
it does not make the provision in sufficient quantities and may even suspend
the commission when the received provision has been exhausted.
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In the absence of instructions in extraordinary and unforeseen cases, if not
You will have time to consult the client, and will proceed prudently in favor.
of the interests of the principal and how it would proceed in its own matter.
The same will apply in the case where the principal has authorized you to
"proceed at their discretion."
Deposits
Art. 386. 'The agent must promptly notify the principal of all
the news related to the negotiation that I would be in charge of that may
to induce him to modify or revoke his instructions.
Article 387: "The broker must perform the commission himself; and if the
delegate, without prior authorization from the client, is responsible for the execution of the
delegate.
If no person has been designated in the authorization to delegate
determined, responds to the delegation that does it notably in person
incapable or insolvent.
In all cases, the client may exercise their actions against the
delegate.
Article 388. "Commission agents are prohibited from representing in the same business
Art. 389. "The commercial agent has the right to demand a remuneration
for the performance of your duties. If there is no prior agreement regarding your
amount, it will be subject to the use of the square in which the mandate has been executed.
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Art. 390._“All the savings and advantages that the commissioner achieves in the
businesses that it does, on behalf of others, will be paid to the principal.
Art. 392. "The agent must pay interest on the amounts he retains."
unduly against the orders of the principal.
DEPOSITS
Conversely, they have the right to interest on the balance that results in
in your favor the account that is rendered from the date of this; but the interest on
the amounts that you suggest to fulfill the commission will run from the date
of the supplement, except for the time when due to not submitting on time the
he himself will cause the delay in payment.
Art. 403. "If the commissioner receives on a sale, in addition to the commission
ordinary, another called guarantee, the risks of the
collection, being obligated to satisfy the client with the proceeds of the sale,
within the same deadlines agreed upon by the buyer.
Art. 393. "Every agent has a privilege over the value of the goods or
effects that have been issued, deposited or consigned, solely by
fact of the expedition, the deposit or the consignment, by all the
loans, advances or payments made by him, already before receiving the goods
or effects, as long as they are in your possession and for the interests and commissions
accrued and incurred expenses. This privilege only subsists on the condition of
that the goods or effects have been placed and remain in the possession or at
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disposition of the commission agent in their warehouses or ships, or in the possession of a
third, or in customs or another public or private deposit; and in case that the
goods or effects are still in transit, which I can prove, with the
knowledge or bill of lading signed by the driver, that has been made to him
expedition.
DEPOSITS
The agent has the right of retention; and having been carried out
goods or effects, it is paid from its credit with the product made, with
preference to all creditors of the principal.
Art. 394._"The commission agent who has acquired goods or effects on behalf of
of a principal, has the same rights over them and their price as
retention and privileges established in the previous article, for the price that is
has paid or must pay and for the interest, commission, and expenses, provided that
the goods or effects are in their possession or at their disposal under the terms
expressed; and in case they have been issued, that the goods or effects do not
have been delivered to the client's warehouses, and the agent can
prove, with the knowledge or bill of lading, that the shipment was made.
This article tells us that the agent who has acquired merchandise
has over these privileges solely by the issuance, of
deposit or consignment, for all loans, advances or payments
made by him, already before receiving the goods or effects.
Art. 381. "If he did not receive instructions in a reasonable time to the
distance from the client's home, the broker can deposit
judicially the goods or effects consigned, and have them sold with the
authorization of the Judge, enough to cover the sums that may have been expended for
cause of the deposit.
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In the event of omission or lack of instructions, the merchandise may be
entrusted to a court and it may be sold with authorization
from a judge up to the amount that also covers the expenses caused by the
same.
DEPOSITS
Art. 383._"The agent must examine the condition in which they receive the
registered effects, legally record the differences or in the act
deteriorations that I see and communicate it as soon as possible to the client.
The same will apply in any case that arises regarding the things.
reported damages or losses.
Art. 395. "The broker who renders accounts to his principal that were not
in accordance with the entries in their books, or that alters the prices or conditions
of the contracts entered into, or suppose expenses, or increase those that there are
Indeed, he will be punished as a perpetrator of misappropriation, in accordance with the Code.
Penal.
Art. 397. "Whenever the sale of all or part of the property is not so urgent.
effects recorded to prevent their next loss or deterioration, or great
cost of conservation, with no time to wait for provisions
specials of the client, the broker must make the sale at auction
public, reporting without delay to the client.
Art. 398. "When the agent receives goods from different principals
of the same species, you must distinguish them with a countermark.
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Art. 399. "If the broker makes loans, advances or credit sales,
without the authorization of the principal, they may demand immediate payment of the amount of the
The provisions in this article do not prevent the agent from observing
the use of the square, to grant other terms to make sales payments
considered in cash, as long as it does not have orders from its principal,
contrary.
on their own behalf and on behalf of others, must indicate in their entries and in the receipts that
I will grant the operation for which the debtor makes partial deliveries.
If the annotation had not been made, the payments will be allocated according to the
following rules:
1st If the credit comes from a single operation executed on behalf of different
people, the deliveries will be distributed among all interested parties, pro rata of
his credits.
2nd If there are credits from different operations, the payment will be applied to
everyone pro rata, if all deadlines are equally overdue or about to expire.
3rd If at the time of payment some deadlines were overdue and others were about to expire,
the payment will be applied to the overdue credits, according to the previous rules; and the
Any excess, if there is any, will be distributed proportionally among those not expired.
Art. 406. "The principal has the authority, at any stage of the business, to
revoke or modify the commission, remaining responsible for the results of everything
done, until the commissioner becomes aware of the revocation or of the
modification.
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DEPOSITS
Art. 409. "In cases not specifically provided for in this Section, ...
the provisions of the Civil Code regarding commercial commissions will apply
the mandate.
1.6.1. CONSIGNOR
RIGHTS
You have the right to receive advances before the sale is made.
You have the right to receive the proceeds from the sale as soon as it is made.
I carried out.
Duties
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You must reimburse the advances and expenses that the consignee has.
canceled by your account.
1.6.2.CONSIGNEE
Deposits
RIGHTS
You have the right to be reimbursed for the advances and all payments.
that I carried out on behalf of the consignor.
Duties
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21
Client Consignee
income statements
Client order accounts to record ownership
Consignee
of third-party goods
Goodsequity accounts
delivered on consignment
used to distinguish the goods representing movement accountsthat
the merchandise to is
record
in theirthe
possession
its property that is in the possession of onepending
but whose refund expenses
ownership belongs to the principal.
third.
income- ... statement
client: usedaccounts
to recordto therecord your unique
Debtors by consignments income that is the commission
responsibility for the sale
that the consignee has with
made: used to register the the principal regarding the goods
quarterly accounts to record the payment
debt that the consignee has with the recipients.
client when the goods have been of the pending collection expenses, the payment
sold for cash. of theExpenses
goods sold to to
for .... therecover:
consignee,
used for
etc. distinguish those costs derived from the
Debtors for sale on consignment: consignment that, according to the contract, will be
represents the debt that the purchaser of the cargo owes to the consignor.
merchandise sent on consignment
keeps with the client. - Sale on behalf of third parties: account
used to record the sale of the
Cost per .... per consignments goods on consignment.
made: they represent all expenses
originated by the consignment and the sale Commission obtained by consignment:
that are in charge of the client. represents the amount to be received from the sale of
the goods.
Commission granted by consignment
conducted: used to record the Commission for consignment to be collected:
commission agreed with the consignee for represents the amount to be received from the sale of
the sale of goods. merchandise.
They are those that do not affect or modify balance sheet accounts and
results, that is, accounts of assets, liabilities, equity, income, and expenses.
They represent contingent values or serve as a reminder or of
administrative controls.
a) Contingents.
c) Prosecutors.
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Bonds.
Financial derivatives.
Consignment goods.
Non-deductible expenses.
Tax losses.
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Example:
The consignor, when operating with real goods, will not use memorandum accounts.
The reason is simple, the merchandise will remain your property, the custody
The merchandise will be the responsibility of the consignee or broker.
The consignee will safeguard the merchandise in their warehouse but since not
-x-
When Mr. Flores reports the sale of Bs. 50,000 the company
X y Z will bill the buyer indicated by Mr. Flores. The value of the sale is
will deposit into the client's account who will in turn send the check for the
commission in this case Bs. 5,000.00.
DEPOSITS
Mr. Flores will deduct the value of the sale from his accounting record:
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-X-
-X-
Bank Bs. 5,000
Commission income Bs. 5,000
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Sales Settlement
Corresponding to water heaters
C. D. Jones & Co.
Chicago, Illinois
Sold at the account and risk of
Date
Sales
5 water heaters at Bs. 125.00 Bs.625.00
Expenses:
Freights Bs. 15.00
Local transport Bs. 3.00
Commission - 25% of Bs. 6,25,00 156,25 174,25
To settle:
Attached cheque Bs.450.75
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CHAPTER II
B) When the products are sold, they become part of the inventory of
consignee, who must buy and pay for them at that moment to the
consignor; no commission is granted but preferential prices are given to the
products.
to sell oneself.
* Consignor:
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2. Upon receiving the settlement from the commission agent or consignee and the cash of
the sale of the goods sent and sold.
CONSIGNATORY:
XX - Clients xxx.xx
900 Sales xxx.xx
X - Type of Currency xxx.xx
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3. When establishing the cost of the sale made.
4. When setting the purchase and payment obligation to the principal or consignor.
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CONCLUSION
Deposits
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BIBLIOGRAPHY
López Yustos, Pedro; Guajardo, Gerardo; Woltz M., Phebe and Richard T. Arlen
Accounting. McGraw-Hill Publishing.
DEPOSITS
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