Americans with Disabilities Act (ADA)

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Americans with Disabilities Act (ADA)

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What Is the Americans with Disabilities Act (ADA)?

The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities and guarantees that they have equal opportunity to participate in mainstream American life. Passed in 1990, this federal law made it illegal to discriminate against a disabled person in terms of employment opportunities, access to transportation, public accommodations, communications, and government activities.

The ADA prohibits private employers, state and local governments, employment agencies, and labor unions from discriminating against those who have disabilities. Under the ADA, employers are also required to make reasonable accommodations for an employee with a disability to perform their job function.

Key Takeaways

  • The Americans with Disabilities Act (ADA) was passed in 1990 to prevent workplace and hiring discrimination against people with disabilities.
  • The ADA applies to all private businesses with 15 or more employees.
  • It also covers government employers, employment agencies, and labor unions.
  • The ADA also had the effect of increasing accessibility and mobility for disabled people by mandating automatic doorways, ramps, and elevators to accommodate wheelchairs in public places and businesses.

Understanding the Americans with Disabilities Act

To be covered by the ADA, a person must have a physical or mental impairment that substantially limits one or more major life activities. Three major sections comprise the primary protections introduced by the ADA.

Title I of the law prohibits discrimination against qualified individuals with disabilities during job application procedures, hiring, firing, the pursuit of career advancement, compensation, job training, and other aspects of employment. It holds authority over employers who have 15 or more employees.

Title II applies to state and local government entities. This part of the law further extends the protection from discrimination to qualified individuals with disabilities. It requires that these individuals have reasonable access to services, programs, and activities provided by the government.

Title III prohibits discrimination against people with disabilities regarding access to activities at public venues. This includes businesses that are generally open to the public, such as restaurants, schools, day care facilities, movie theaters, recreation facilities, and doctors’ offices. The law also requires newly constructed, rebuilt, or refurbished places of public accommodation to comply with ADA standards. In addition, Title III applies to commercial facilities that include privately owned, nonresidential facilities such as factories, warehouses, or office buildings.

Different government agencies play a role in enforcing the ADA. For example, the Equal Employment Opportunity Commission (EEOC) enforces Title I. The Department of Labor enforces state and local government services under Title II and public accommodations under Title III.

The Americans with Disabilities Act Amendments Act of 2008 allowed for a broader legal definition of “disability.” It made it easier for people seeking protection under the ADA to establish that they have a disability. Before the amendment, people with disabilities including cancer, diabetes, epilepsy, attention deficit hyperactivity disorder (ADHD), and learning disabilities could be excluded from ADA coverage. 

How the Americans with Disabilities Act Increased Accessibility 

The ADA established standards for accessible design for public accommodations that include creating automatic doorways, ramps, and elevators to accommodate wheelchairs. Water fountains must be made available at heights that individuals with disabilities can reach.

Some examples of accommodations in the workplace include supplying a hearing-impaired applicant with a sign language interpreter during a job interview, modifying a work schedule to meet the needs of a person who needs treatment, or restructuring an existing facility to make it readily accessible to people with disabilities. An employer is not required by the ADA to make reasonable accommodations if doing so presents an undue hardship for the business and requires significant expenses compared with the size of the company.

Title IV of the ADA requires telephone companies to provide telephone relay services, or similar devices, for the hearing- and speech-impaired.

Although there is no regulation requiring ADA compliance by websites and online platforms, accessibility for internet users has become an issue of increasing importance. Best practices are increasingly prescribed to promote website accessibility.

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Annualized Total Return Formula and Calculation

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Annualized Total Return Formula and Calculation

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What Is Annualized Total Return?

An annualized total return is the geometric average amount of money earned by an investment each year over a given time period. The annualized return formula is calculated as a geometric average to show what an investor would earn over a period of time if the annual return was compounded.

An annualized total return provides only a snapshot of an investment’s performance and does not give investors any indication of its volatility or price fluctuations.

Key Takeaways

  • An annualized total return is the geometric average amount of money earned by an investment each year over a given time period.
  • The annualized return formula shows what an investor would earn over a period of time if the annual return was compounded.
  • Calculating the annualized rate of return needs only two variables: the returns for a given period and the time the investment was held.

Understanding Annualized Total Return

To understand annualized total return, we’ll compare the hypothetical performances of two mutual funds. Below is the annualized rate of return over a five-year period for the two funds:

  • Mutual Fund A Returns: 3%, 7%, 5%, 12%, and 1%
  • Mutual Fund B Returns: 4%, 6%, 5%, 6%, and 6.7%

Both mutual funds have an annualized rate of return of 5.5%, but Mutual Fund A is much more volatile. Its standard deviation is 4.2%, while Mutual Fund B’s standard deviation is only 1%. Even when analyzing an investment’s annualized return, it is important to review risk statistics.

Annualized Return Formula and Calculation

The formula to calculate annualized rate of return needs only two variables: the returns for a given period of time and the time the investment was held. The formula is:


Annualized Return = ( ( 1 + r 1 ) × ( 1 + r 2 ) × ( 1 + r 3 ) × × ( 1 + r n ) ) 1 n 1 \begin{aligned} \text{Annualized Return} = &\big ( (1 + r_1 ) \times (1 + r_2) \times (1 + r_3) \times \\ &\dots \times (1 + r_n) \big ) ^ \frac{1}{n} – 1 \\ \end{aligned}
Annualized Return=((1+r1)×(1+r2)×(1+r3)××(1+rn))n11

For example, take the annual rates of returns of Mutual Fund A above. An analyst substitutes each of the “r” variables with the appropriate return, and “n” with the number of years the investment was held. In this case, five years. The annualized return of Mutual Fund A is calculated as:


Annualized Return = ( ( 1 + . 0 3 ) × ( 1 + . 0 7 ) × ( 1 + . 0 5 ) × ( 1 + . 1 2 ) × ( 1 + . 0 1 ) ) 1 5 1 = 1 . 3 0 9 0 . 2 0 1 = 1 . 0 5 5 3 1 = . 0 5 5 3 , or  5 . 5 3 % \begin{aligned} \text{Annualized Return} &= \big ( (1 + .03) \times (1 + .07) \times (1 + .05) \times \\ &\quad \quad (1 + .12) \times (1 + .01) \big ) ^ \frac{1}{5} -1 \\ &= 1.309 ^ {0.20} – 1 \\ &= 1.0553 – 1 \\ &= .0553, \text{or } 5.53\% \\ \end{aligned}
Annualized Return=((1+.03)×(1+.07)×(1+.05)×(1+.12)×(1+.01))511=1.3090.201=1.05531=.0553,or 5.53%

An annualized return does not have to be limited to yearly returns. If an investor has a cumulative return for a given period, even if it is a specific number of days, an annualized performance figure can be calculated; however, the annual return formula must be slightly adjusted to:


Annualized Return = ( 1 + Cumulative Return ) 3 6 5 Days Held 1 \begin{aligned} &\text{Annualized Return} = ( 1 + \text{Cumulative Return} ) ^ \frac {365}{ \text{Days Held} } – 1 \\ \end{aligned}
Annualized Return=(1+Cumulative Return)Days Held3651

For example, assume a mutual fund was held by an investor for 575 days and earned a cumulative return of 23.74%. The annualized rate of return would be:


Annualized Return = ( 1 + . 2 3 7 4 ) 3 6 5 5 7 5 1 = 1 . 1 4 5 1 = . 1 4 5 , or  1 4 . 5 % \begin{aligned} \text{Annualized Return} &= ( 1 + .2374) ^ \frac{365}{575} – 1 \\ &= 1.145 – 1 \\ &= .145, \text{or } 14.5\% \\ \end{aligned}
Annualized Return=(1+.2374)5753651=1.1451=.145,or 14.5%

Difference Between Annualized Return and Average Return

Calculations of simple averages only work when numbers are independent of each other. The annualized return is used because the amount of investment lost or gained in a given year is interdependent with the amount from the other years under consideration because of compounding.

For example, if a mutual fund manager loses half of her client’s money, she has to make a 100% return to break even. Using the more accurate annualized return also gives a clearer picture when comparing various mutual funds or the return of stocks that have traded over different time periods. 

Reporting Annualized Return

According to the Global Investment Performance Standards (GIPS)—a set of standardized, industry-wide principles that guide the ethics of performance reporting—any investment that does not have a track record of at least 365 days cannot “ratchet up” its performance to be annualized.

Thus, if a fund has been operating for only six months and earned 5%, it is not allowed to say its annualized performance is approximately 10% since that is predicting future performance instead of stating facts from the past. In other words, calculating an annualized rate of return must be based on historical numbers.

How Is Annualized Total Return Calculated?

The annualized total return is a metric that captures the average annual performance of an investment or portfolio of investments. It is calculated as a geometric average, meaning that it captures the effects of compounding over time. The annualized total return is sometimes referred to as the compound annual growth rate (CAGR).

What Is the Difference Between an Annualized Total Return and an Average Return?

The key difference between the annualized total return and the average return is that the annualized total return captures the effects of compounding, whereas the average return does not.

For example, consider the case of an investment that loses 50% of its value in year 1 but has a 100% return in year 2. Simply averaging these two percentages would give you an average return of 25% per year. However, common sense would tell you that the investor in this scenario has actually broken even on their money (losing half its value in year one, then regaining that loss in year 2). This fact would be better captured by the annualized total return, which would be 0.00% in this instance.

What Is the Difference Between the Annualized Total Return and the Compound Annual Growth Rate (CAGR)

The annualized total return is conceptually the same as the CAGR, in that both formulas seek to capture the geometric return of an investment over time. The main difference between them is that the CAGR is often presented using only the beginning and ending values, whereas the annualized total return is typically calculated using the returns from several years. This, however, is more a matter of convention. In substance, the two measures are the same.

The Bottom Line

Annualized total return represents the geometric average amount that an investment has earned each year over a specific period. By calculating a geometric average, the annualized total return formula accounts for compounding when depicting the yearly earnings that the investment would generate over the holding period. While the metric provides a useful snapshot of an investment’s performance, it does not reveal volatility and price fluctuations.

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Free Social Icons Set

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Amalgamation: Definition, Types, How to Use, Pros and Cons

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Amalgamation: Definition, Types, How to Use, Pros and Cons

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What Is an Amalgamation?

An amalgamation is a combination of two or more companies into a new entity. Amalgamation is distinct from a merger because neither company involved survives as a legal entity. Instead, a completely new entity is formed to house the combined assets and liabilities of both companies.

The term amalgamation has generally fallen out of popular use in the United States, being replaced with the terms merger or consolidation even when a new entity is formed. But it is still commonly used in countries such as India.

Key Takeaways

  • Amalgamation is the combination of two or more companies into a brand new entity by combining the assets and liabilities of both entities into one.
  • This differs from a traditional merger in that neither of the two companies involved survives as an entity.
  • The transferor company is absorbed into the stronger, transferee company, leading to an entity with a stronger customer base and more assets.
  • Amalgamation can help increase cash resources, eliminate competition, and save companies on taxes.
  • But it can lead to a monopoly if too much competition is cut out, scale down the workforce, and increase the new entity’s debt load.

Understanding Amalgamations

Amalgamation typically happens between two or more companies engaged in the same line of business or those that share some similarity in operations. Companies may combine to diversify their activities or to expand their range of services.

Since two or more companies are merging together, an amalgamation results in the formation of a larger entity. The transferor company—the weaker company—is absorbed into the stronger transferee company, thus forming an entirely different company. This leads to a stronger and larger customer base, and also means the newly formed entity has more assets.

Amalgamations generally take place between larger and smaller entities, where the larger one takes over smaller firms.

The Pros and Cons of Amalgamations

Amalgamation is a way to acquire cash resources, eliminate competition, save on taxes, or influence the economies of large-scale operations. Amalgamation may also increase shareholder value, reduce risk by diversification, improve managerial effectiveness, and help achieve company growth and financial gain.

On the other hand, if too much competition is cut out, amalgamation may lead to a monopoly, which can be troublesome for consumers and the marketplace. It may also lead to the reduction of the new company’s workforce as some jobs are duplicated and therefore make some employees obsolete. It also increases debt: by merging the two companies together, the new entity assumes the liabilities of both.

Pros

  • Can improve competitiveness

  • Can reduce taxes

  • Increases economies of scale

  • Potential to increase shareholder value

  • Diversifies the firm

Amalgamation Procedure

The terms of amalgamation are finalized by the board of directors of each company. The plan is prepared and submitted for approval. For instance, the High Court and Securities and Exchange Board of India (SEBI) must approve the shareholders of the new company when a plan is submitted.

The new company officially becomes an entity and issues shares to shareholders of the transferor company. The transferor company is liquidated, and all assets and liabilities are taken over by the transferee company.

In accounting, amalgamations may also be referred to as consolidations.

Example of Amalgamation

In late 2021, it was announced that media companies Time Warner and Discovery, Inc. would combine in a deal worth an estimated $43 billion. Owned by AT&T, Time Warner (which the telecom company acquired in 2018) would be spun off and then amalgamated with Discovery. The new entity, known as Warner Bros. Discovery, Inc., is expected to close at some point in late 2022 and will be headed by Discovery CEO David Zaslav.

Types of Amalgamation

One type of amalgamation—similar to a merger—pools both companies’ assets and liabilities, and the shareholders’ interests together. All assets of the transferor company become that of the transferee company.

The business of the transferor company is carried on after the amalgamation. No adjustments are made to book values. Shareholders of the transferor company holding a minimum of 90% face value of equity shares become shareholders of the transferee company.

The second type of amalgamation is similar to a purchase. One company is acquired by another, and shareholders of the transferor company do not have a proportionate share in the equity of the combined company. If the purchase consideration exceeds the net asset value (NAV), the excess amount is recorded as goodwill. If not, it is recorded as capital reserves.

What Are the Objectives of an Amalgamation?

An amalgamation is similar to a merger in that it combines two firms, but here a brand new entity is formed as a result. The objective is thus to establish a unique entity that rests on the business combination in order to achieve greater competitiveness and economies of scale.

What Are the Methods of Accounting for Amalgamation?

There are two primary ways to account for an amalgamation. In the pooling of interests method, the transferee company takes on the balance sheet of the transferor—valued at the date of amalgamation. In the purchase method, assets are treated as acquired by the transferee where discrepancies are accounted for as goodwill or a capital surplus.

What Is an Amalgamation Reserve?

The amalgamation reserve is the amount of cash left over by the new entity after the amalgamation is completed. If this amount is negative, it will be booked as goodwill.

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