Money Transfer Technologies

Advances in technology and the development of the Internet are changing the way people transfer money. With all these technological developments, moving money is simpler than before. Earlier, transferring money meant a visit to the bank. But that is no longer needed as there are various technologies in play to make money transfer easy and convenient.

Alternative Payment Services: Several websites allow you to transfer money through email, eliminating the need to reveal your bank account and credit card information online. Although online transfers have wide online security and fraud-prevention measures, they are not foolproof. Complaints like phishing scams, hacked accounts and identity theft are quite common.

Donation Texts: The use of text messages to transfer money became popular, when the American Red Cross used this technology to raise over $22 million in hurricane relief fund for Haiti. On the flip side, this technology is risky and scammers misuse this tool by asking people to text money to illegitimate numbers. Always check the organization’s website to confirm that the number you are texting is associated with the cause are supporting.

Bumping Phones: Mobile phones are fast replacing the wallet and on-the-go digital money transfers are becoming commonplace. Now, you can send and receive money by just bumping Smartphones together. Technologies include Bluetooth and near field communication (NFC, a set of procedures that allow Smartphones to establish radio communication with each other by touching them together or bringing them close to each other at a distance of 10 cm or less). Though, the risk of unauthorised payments from a stolen phone is yet to completely be addressed.

Remote Deposit: This technology allows you to deposit cheques from anywhere. Many Smartphone applications allow you to take a photo of the front and back of a cheque and download it into your account. While this process is secure, there may be concerns about the consequences if the phone is stolen or if financial information is intercepted. The remote cheques are not stored on the phone, and the data is encoded as it goes from the mobile phone to the bank’s computer system.

Mobile Magnetic Stripe Readers: These are small scanners that can be attached to Smartphones. Busy individuals, can just swipe credit cards on the scanner and the money is transferred.

Money transfer technologies are a definite and smart way to save time and energy when conducting financial transactions. The ideal way to protect your money is to research and choose the best option that is safe and one that will fit your needs.

Norms for the Classroom Set the Stage for Maximum Learning

Having taught school for many decades, a first day activity always included establishing classroom norms. This involved discussion with students about appropriate behavior in the classroom and expectations of the teacher as well as of the students. When I was engaged with kindergarten or first graders, this procedure was quite productive as these students were new to school and unsure of classroom and playground operations. But as children progress through school they already are fully aware of conduct expectancies such as arriving on time, keeping hands and feet to themselves, respecting classmates, and so forth. While students do not always adhere to these norms, they are well versed in their meaning and the teacher’s anticipation that they will follow these guidelines so that a fruitful year of learning can ensue.

Sound norms free the teacher to teach. When attention is given to the instructor, promptness is in place, and mutual respect reigns, great academic achievement is possible. When kids are naughty, late, and cellphone-dependent, education becomes a trial. In society we have norms we observe (some people more so than others) that enable us to accomplish our tasks. Politeness and professionalism are hallmarks of success in school, at home, and in the world. Having been raised in a home where respect and attention to duty and responsibilities were automatic expectations, I am surprised when I work with students and their parents as well as perspective teachers and new teachers to find that manners are not universal or engrained and so guidance and explanation are indispensable.

In my job now as field service supervisor for student teachers and mentor and coach for new hires, I am shocked at the norms I now must address, norms that in the past would have been unthinkable and completely unnecessary. These consist of dressing professionally, turning off cellphones and other electronic devices, and using suitable language. I won’t even wander into tobacco usage – smokeless and otherwise, unending, bottomless cups of coffee and soda, or coming late and leaving early. If it did, this essay would become a tome.

Today’s fashions offer jeans with holes, torn T-shirts, short shirts that reveal skin and body parts, low-slung shirts – also very revealing, flip flops, butt-skimming skirts and dresses, and other casual choices for attire. If this young under-grad or graduate were in banking or the medical profession, can you imagine such clothing being donned? Why is it that many potential teachers and new hires select such clothing? While teachers demand respect as professionals, they often forget the value of appearance in reflecting this role. Dressing well is critical – covered and all parts tucked away.

Another frightening crucial norm is relieving participants of cellphone/electronics addiction. When a teacher enters a classroom there is plenty of work to be done without interruption especially from calls and text messages. In trainings and in observations, I hear dings and chimes and watch teachers glance furtively and most often not discreetly at screens that scream for attention or they actually return calls while I stand mouth agape or students stare as they are required to remain engaged and on task. How ludicrous! And of course with secondary students (and many little ones as well), cellphones run rampant in their hands with constant and instant connection deemed a necessity. No cellphones for teachers or students should be an immediate action of school administration. Teaching is a difficult responsibility and no time should be wasted on dings and dongs.

Finally, there is the issue of appropriate language. Swearing in movies and on television has tumbled over into everyday life. Yes, there has long been profanity, but it seems to have overtaken mouths and brains. Stroll through almost any school hallway or cafeteria and evil words will attack your ears. Continue onto the playground and the swearing will likely intensify. A cursory “Not appropriate language” may be heard as a reprimand, but it usual has little to no effect. But actually, you can go almost anywhere – beach, mall, or baseball game – and profanity resounds. When did the “F-word” become the sole term to express anything and everything? In the last two years this has become a needed norm requiring several corrections when college-age students participate in debate.

Norms are excellent for maintaining discipline and clarifying expectations. They provide a reference for behavior as they define routines and procedures. While in the past a quick review was all it took as students knew and understood good manners, today more perusal and careful examination of what promotes learning and what rips it away are essential ingredients to the first day welcome. With norms clarified and in place, the rest of the year can leap and zip along with a brisk, organized, solid educational pace.

Obtaining Information From Third Parties – Norwich Pharmacal Orders Explained

How Norwich Pharmacal Orders differ from normal disclosure applications

Norwich Pharmacal Orders differ from standard applications for pre action disclosure against third parties. The key difference is that under the Civil Procedure Rules the application is made where it is likely that the Respondent is going to be a party to the proceedings. Another key difference is that under the Civil Procedure Rules such an application can only relate to disclosure of documentation whereas under a Norwich Pharmacal Order, the application can also relate to the disclosure of information.

Why are Norwich Pharmacal Orders used?

Norwich Pharmacal Orders are commonly used in order to:

I) Identify wrongdoers. For example where a third party has become mixed up in the wrongful acts of others, they are then under a duty to assist the injured party to provide information which will help disclose the true identity of the wrongdoer. Examples of instances where these types of Orders can be very useful include applications against internet service providers and also applications against website hosting companies where content may contain defamatory material or infringe an Applicant’s copyright.

ii) To help identify the full nature of the wrongdoing.

Often it is the case that the Applicant already knows the nature of the wrongdoing when considering seeking injunctive relief by way of a Freezing Order, but in certain circumstances Norwich Pharmacal Orders can be used to help clarify the exact nature of that wrongdoing prior to any applications being made to Court for injunctive relief.

iii) To assist tracing assets and proprietary claims.

This is a common ground for the use of a Norwich Pharmacal Order as it is often the Applicant’s position that it urgently needs to obtain further information to help it trace stolen assets.

The leading case of Bankers Trust Company v. Shapira [1980] 1WLR1247 related to an application against a bank for disclosure of relevant financial information including accounts, correspondence, banking records and cheques. The Court held that “in circumstances where there was strong evidence that the applicant had been subject to fraud and deprived of monies as a result, then the rules of equity were that such an application should be granted”.

The Court of Appeal further held that the Courts would not hesitate in making strong Orders in circumstances where they helped prevent the disposal of assets by a Defendant which had been wrongfully or fraudulently obtained from the Applicant.

iv) For disclosure of the source of information contained in a publication

Whilst not particularly relevant for fraud cases, these types of applications can be made often against newspapers who have received documents in breach of confidence.

v) To enable an Applicant to plead its case.

If it is clear that the documents and/or information sought would allow an Applicant to properly assess the prospects of success of its claim and enable it to then fully plead the claim, then Courts are willing to grant a Norwich Pharmacal Order.

vi) To enable the victim of a wrongdoing to answer allegations made against him.

This deals with circumstances where a Defendant may benefit from the lack of information available to the Applicant. Such non-disclosure may prevent proceedings being brought or continued and may ultimately frustrate the grant or continuation of a Freezing Order. A third party Respondent is therefore required upon the grant of a Norwich Pharmacal Order to provide such information so as to prevent any facilitation of the Defendant’s case, where a wrongdoing exists.

vii) To enable a Defendant to obtain information

In exceptional circumstances, a Norwich Pharmacal Order can even be used by a Defendant in proceedings to obtain information which would enable him to answer the allegations against him. This is a very rare use of a Norwich Pharmacal Order.

viii) To aid execution of a judgement.

Again, whilst Courts have taken a restrictive approach in this particular area, the Court may consider an application by a judgement creditor for a Norwich Pharmacal Order to aid the execution of a judgement. This is only done where it can be shown that the judgement debtor is wilfully seeking to evade execution of the judgement.

Prerequisites of a Norwich Pharmacal Order

Before granting a Norwich Pharmacal Order NPO, the Court will need to be satisfied of the following:-

I) Evidence that the Respondent is involved in the wrongdoing.

a. There is much case law in this area as to what is meant by wrongdoing but as Lord Reid stated in the Norwich Pharmacal case itself, the Respondent cannot simply be an “innocent bystander”. There has to be some evidence that the Respondent (whether innocently or not) was mixed up in the wrongdoing.

b. An example of this is an application made against a telecommunications company for disclosure of the wrongdoers’ contact details in circumstances where it had not been possible to locate that particular individual.

c. It is even possible to apply for Norwich Pharmacal Orders against lawyers subject to issues of privilege. However, applications against entirely innocent lawyers are unlikely to be granted. Lawyers who, for example, who draft documentation which then enables the wrongdoer to facilitate a fraud could be held subject to an Norwich Pharmacal Order.

ii) The Defendant will not later be called as a witness – the “mere witness” rule

As a general rule, Norwich Pharmacal Orders are not available against individuals who may at a later stage may be called as a witness in the proceedings. This is known as the “mere witness” rule. There are exceptions for example where an Applicant cannot identify the wrongdoer without the information being provided by the party subject to the Norwich Pharmacal Order application.

iii) The interests of justice in making the Order

The Court will also consider the interests of justice when granting a Norwich Pharmacal Order. In so doing, it will balance the following factors when deciding whether to make an Order:

a. The likely consequence if the Order were refused.

b. Whether there are any alternative remedies available.

c. The potential advantages to the Applicant versus the potential harm to the Respondent.

d. The nature of the compliance and whether it is likely to be onerous.

4. Developing area of the law

Norwich Pharmacal Orders are a developing area of the law and there is recent authority (as or writing) for the fact that a Norwich Pharmacal Order could not be challenged on the basis that the information sought might be available from other sources.

This recent case also made it clear that each application before the Court is to be determined on the circumstances of that particular case, taking into account the size and resources of the

Applicant, the urgency of its needs to obtain the information and any public interests in having the Applicant’s needs satisfied.

Cross undertaking in damages

It is common in Norwich Pharmacal Orders that the Applicant provides an undertaking to pay the costs of the Respondent in the event that it may suffer loss as a result of complying with the Order. The Respondent cannot be liable for any legal or other costs arising from these separate proceedings, unless it was involved in the circumstances leading to the claim. As with Freezing Orders, the Applicant must demonstrate that it is in a financial position to meet any obligations which may arise in this respect.

Applying for a Norwich Pharmacal Orders

Much depends on whether the application is urgent or not.

If it is not urgent, then the first port of call is to write to the potential Respondent seeking voluntary disclosure of the information and setting out the reasons why it is sought. If the Respondent is unable or unwilling to comply then an application to Court might be the only way forward. However seeking the cooperation of a Respondent even in circumstances where it cannot provide the information (for example due to privacy) can still be a useful approach as that information can be put before the Court when asking for an Norwich Pharmacal Order.

Often, for privilege, data protection or other reasons, the Respondent will invite the Applicant to apply for a Norwich Pharmacal Order so that the Respondent can be relieved of its obligations to withhold such information. In such circumstances, as described above, the application should be relatively straightforward and the Applicant will have to provide for the Respondent’s costs in attending the proceedings and complying with the Norwich Pharmacal Order.

In terms of the procedure (both for urgent and non-urgent applications), an application must be supported by a detailed witness statement setting out the following:

1. The factual background arising to the application;

2. The nature of the claim sought by the Applicant;

3. The most likely cause of action against the wrongdoer;

4. Evidence that the mere witness rule will not be breached;

5. Evidence that the Respondent has been involved or mixed up in the wrongdoing (although not always necessary);

Specifying which documents or information is being sought and giving reasons for this;

Stating why the Respondent is believed to be in possession of the documents or information;

Stressing the Applicant’s intention to pursue the wrongdoer and not the Respondent.

If dishonesty is being alleged attention should be drawn to this.

That the application is in the interests of justice.

Any apparent basis on which the Respondent may seek to claim privilege against self-incrimination.

Any other relevant factors the Court may consider when exercising its discretion such as criminal activity etc.

Evidence in support of the undertaking in damages.

If the application is made without notice, then the need for urgency needs to be explained.

Gagging clauses

The terms of the Order the Applicant would like the Court to grant needs to be carefully drafted. Commonly, the Order also contains a gagging clause against the Respondent to stop them informing the Defendant that the application has been made. This is often because the Applicant does not want the Defendant being tipped off as it might be considering obtaining a Without Notice Freezing Order against it.

Service

The Norwich Pharmacal Order, once granted, must be served on the Respondent and if it contains a gagging clause, this should be explained clearly to the Respondent at the time of service. The Norwich Pharmacal Order may also have a Penal Notice describing the criminal consequences of failing to adhere to the Norwich Pharmacal Order’s terms, including any gagging clause. Personal service is the ideal type of service as the gagging clause and Penal Notice can be clearly explained and it can make any consequential committal application against the Respondent (if the
Order is breached in any way) easier to secure.

Restrictions on use of documents obtained under a Norwich Pharmacal Order

Any documents and/or information obtained as a result of the Norwich Pharmacal Order could only be used for the purpose of the proceedings in which they have been disclosed. They could not be used for any other proceedings and/or released to any other party. The only exceptions to this are where the Court gives permission or consent is provided by the owners of the documents.

Costs of the application in terms of the costs of the application, as described above it is normal that the Applicant bear the

Respondent’s costs of the Norwich Pharmacal Order. This is something for the Applicant to bear in mind as a result of making an application for a Norwich Pharmacal Order.

Can a Norwich Pharmacal Order be challenged?

The answer is yes on the following basis:

1. The grounds set out above have not been met;

2. There are duties of confidentiality which the Court considers would not allow an Order to be made;

3. The release of the information may expose the Respondent to proceedings for a criminal offence and therefore, the Respondent invokes the right against self-incrimination.

It may be that the Respondent simply applies to Court for the grounds of the Norwich Pharmacal Order to be varied. This could be on the basis of reasonableness, proportionality and cost.

Furthermore, the Respondent may seek an extension of time to comply with the terms of the

Order, particularly if they are onerous.

Can Norwich Pharmacal Order’s assist foreign proceedings?

It is a developing area of the law as to whether Norwich Pharmacal Orders can be obtained in order to support foreign proceedings. Whilst formerly, Norwich Pharmacal Orders were not allowed to be used in such circumstances, the case law has developed insofar as the Courts will now consider applications against Respondents in support of foreign proceedings. Indeed, Norwich Pharmacal Orders can therefore be used to obtain documents that are subsequently used in proceedings in foreign jurisdictions.
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Financial Analyst: A Profitable Career Option for Finance Jobs!

In the current job market, the hottest job position that is more in demand is of financial analyst. A person who can meet the new expectations of the employers in the finance area will surely find more employment and professional growth opportunities.

Who is a financial analyst?

A financial analyst also known as a business analyst is a person who is involved in monitoring the financial movements of a company. The main task of an analyst is to evaluate a company’s financial risk and drafting financial forecasts. With the assistance of these analysts, companies can make well-informed financial decisions, develop cash flows, debt strategies and maintain their budgets.

Industries that demand financial analysts

There are several industries, which require a person for handling various finance related issues. Some of these industries include:

  • Accounting and Auditing services industry
  • Aerospace and Defense industry
  • Banking industry
  • Biotechnology/Pharmaceuticals industry
  • Business Services industry
  • Computer Software/Hardware industry
  • Construction industry
  • Consumer Packaged Goods industry
  • Education industry
  • Electronics, Components, and Semiconductor industry
  • Energy and Utility industry
  • Engineering Services industry
  • Financial Services industry

Financial Analyst Job Duties:

  • Evaluate an organization’s financial risk and prepare a report describing financial forecasts, financing options and capital management strategies
  • Assist in preparing a company’s budget
  • Determine cost of operations by collecting and analysing operational data
  • Identify the present financial status of the company by analysing and comparing actual results with plans
  • Establish various policies and procedures related to cost
  • Recommend various solutions to improve and manage financial status by monitoring and identifying financial trends
  • Maintain database by collecting, verifying and backing up data
  • Develop automated accounting applications with an aim to boost productivity
  • Keep financial information confidential
  • Work with company officials to gain a better insight into the company’s prospects and management?

Educational qualifications:

In order to get into this job position, one must have an undergraduate degree in finance, management, economics, statistics and administration. Having certifications and a graduate degree can notably enhance an applicant’s prospects. Furthermore, an internship during studies can be really fruitful in the long run.

Skills required:

Various skills required to become a successful analyst include:

  • Excellent communication skills including both verbal and written
  • Detailed understanding of companies
  • Superior analytical and organizational skills
  • Project management skills
  • Ability to create financial models
  • Ability to work independently and take sound decisions
  • Better understanding of financial and quantitative concepts
  • Must be able to manage multiple tasks, projects
  • Knowledge of computers and other latest technologies

Salary overview

In India, the average salary of a financial analyst is in between INR 3,00,00 to INR 4,00,00 per year. As the experience increases in this job position, the chances of higher income also increases. Furthermore, knowledge of various factors like risk management or control, valuation, SAS, SAP financial accounting, financial modeling, etc, can fetch you a smart salary.

Conclusion:

A financial analyst job is definitely the most lucrative career choice, especially for those who are very good at analyzing financial concepts. An experience in this profile will provide you high income and other benefits. However, strong competition is expected for this job position. A deep understanding of the roles and skills and financial terms along with a relevant experience can boost your chances for getting the job.