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CASE PH

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MAJALINE ASINAS

Updated July 4, 2018



Transcript


LOAN DISBURSEMENT HANDBOOK


CASE STUDIES

REIMBURSEMENT

CASE 1

CASE 1

After project effectiveness the Borrower submitted a withdrawal application
claiming reimbursement for expenses incurred prior to project effectiveness
related to the establishment of the PIU and purchase of equipment such as
computers and fax machines required for the project implementing unit.



Can ADB finance this expenditure?

ANSWER

 * No.



 * Loan Regulations, Section 6.01 (B)

Except as ADB and the Borrower shall otherwise agree, no withdrawals shall be
made on account of payment made prior to the effective date of the loan.

ANSWER

 * Exception: Retroactive financing

Retroactive financing is the financing of project expenditures incurred and paid
for by the Borrower before a loan agreement becomes effective.



 * The loan agreement will contain a specific authorization indicating the (1)
   amount and (2) category of expenditure and the (3) date from which the
   expenditures are considered eligible.

CASE 2

CASE 2

The Borrower submitted a withdrawal application under reimbursement procedure
requesting payment to be made to a contractor of school furniture. The Borrower
certified that the items were eligible expenditures.



Can ADB pay this contractor?

ANSWER

 * No.



 * ADB pays the borrower for eligible expenditures which have been incurred and
   paid for by the borrower out of its budget allocation or its own resources.



 * ADB’s payments are made only to the Borrower or EA and not to a third party
   (e.g. supplier, contractor, etc.)



CASE 3

CASE 3

What will be the amount to be claimed from ADB in the following case?



Following ADB’s Procurement Guidelines, the executing agency (EA) awarded a
contract to VST Consulting (Local Consultant) on 1 January 2015. The contract
amount was US$350,000 in total. ADB has advised the EA that the procurement
contract summary sheet (PCSS) number for the contract is 0001.

CASE 3

EA received the first billing from the consulting firm with the following
details:

Fee for 1-30 April

Taxes and Duties (VAT, etc)

Total

US$ 80,000

US$ 8,000

US$ 88,000

The Schedule 3 of the Loan Agreement indicates:

Category

Amount Allocated

Basis of Withdrawal from the Loan Account

US$ 1,500,000

Consulting Service

85% of the total expenditures claimed

ANSWER

a. US$ 80,000.00

b. US$ 88,000.00

c. US$ 74,800.00

(US$ 88,000 x 85%)

d. US$ 68,000.00

CASE 4

CASE 4

A consulting contract indicated the following provisions:

Consultant Inputs - 4 months @ $500 per month

Travel Per Diem - 20 days @ 50 a day

Travel and Fuel - $100 per trip for 4 trips

Miscellaneous Office Expenditure



20% Contingency

US$ 2,000

US$ 1,000

US$ 400

US$ 40

US$ 3,440

US$ 688

US$ 4,128

A withdrawal application (WA) submitted for reimbursement indicated a request by
the consultant for 2 months work (US$1000), travel of 10 days (US$500), cost of
2 trips (US$200), office expenditure of (US$20) totaling US$1,720 and a 20%
contingency on the total of US$344, for a total invoice of US$ 2,064. What is
the amount eligible for disbursement?

ANSWER

a. US$ 4,128

US$ 1,000

US$ 500

US$ 200

US$ 20

US$ 1,720

Consultant Inputs ($500 x 2 months)

Travel Per Diem ($50 x 10 days)

Travel and Fuel ($100 x 2 trips)

Office Expenditure

Amount Eligible for Disbursement

b. US$ 3,440

c. US$ 2,000

d. US$ 1,720

ADVANCE FUND

CASE 5

CASE 5

The Borrower of an ADB loan of US$15 million requested an advance to the Advance
Account of US$3 million supported by the estimate of ADB’s share of expenditures
to be paid through the advance account for the forthcoming 6 months.



Is this acceptable?

ANSWER

 * Yes.



 * For project loans, the total outstanding advances should not exceed the
   estimate of ADB’s share of expenditures to be paid through the advance
   account for the forthcoming 6 months, or applicable ceiling stated in the PAM
   in certain cases (e.g., if there is concern or uncertainty about the capacity
   of the EA/IA to administer the procedure).



CASE 6

CASE 6

The Borrower requested ADB’s approval to deposit the advance to the Advance
Account in a time deposit, and to utilize the interest earned to fund the
commitment charges.



Is it possible for ADB to agree to this request?

ANSWER

 * No.



 * Advance Account funds must:

- Be utilized for project purposes as stated in Schedule 3 of the Loan Agreement

- Fund only ADB's share of expenditure.



CASE 7

CASE 7

The Project consists of an ADB loan of US$20 million and a cofinancier grant of
US$5 million. The executing agency (EA) withdrew funds from the advance account
for the ADB loan to pay expenditures for activities under the cofinancier’s
grant.



Is this allowed?

ANSWER

 * No. The Loan Regulations state that the Borrower shall be entitled to
   withdraw from the Loan Account such amounts as shall be required to meet the
   cost of goods and services required for the Project and stipulated in
   Schedule 3 of the Loan Agreement.



 * An expenditure for an activity under the cofinancier grant though eligible
   under the grant agreement is not eligible to be funded from the ADB loan.
   Therefore such activities are ineligible under the Project loan.

CASE 8

CASE 8

How much would be the appropriate amount for the initial advance under the
following conditions?



 * Total Loan Amount US$25,000,000



 * ADB Disbursement % in the allocation table
 * Civil Works 75% of total expenditures claimed
 * Equipment 84% of total expenditures claimed
 * Consulting 80% of total expenditures claimed

CASE 8

 * Estimated expenditure for the forthcoming 6-months
 * Civil Works US$ 5,000,000
 * Equipment US$ 800,000
 * Consulting US$ 312,500
 * Intended Mode of Payment
 * Civil works: About 80% of the civil works contract amount will be paid
   through advance fund procedure 20% (large payment only) will be through
   direct payment procedure
 * Equipment: Large importation, all will be paid through Commitment procedure
 * Consulting: About 50% of the consulting contracts will be paid through
   advance fund procedure; 50% will be paid through reimbursement procedure



ANSWER

a. US$ 6,112,500

b. US$ 4,672,000

c. US$ 4,156,250

d. US$ 3,125,000

Civil Works (US$5M x 80% x 75%)

Equipment

Consulting (US$312,500 x 50% x 80%)

Appropriate Amount of Initial Advance

US$ 3,000,000

US$ 0

US$ 125,000

US$ 3,125,000

CASE 9

CASE 9

During the course of operation of a sub-account, the borrower transferred funds
from the advance account into the account of the government which also held
other government funds and paid for project expenses through that account.



Is this procedure allowed under ADB disbursement guidelines?

ANSWER

 * No.



 * Sub-account funds should be transferred into a separate account which is
   restricted to ADB funds. Advance Account funds cannot be transferred to an
   account which also holds the funds of the Government or that of other donors,
   unless such arrangement has been approved by ADB.

CASE 10

CASE 10

Attachment to Schedule 3 of the Loan Agreement indicates a disbursement
condition against “Management costs” category. The condition has not been met
when the EA submitted a withdrawal application for the initial advance to the
advance account together with an estimate for the next 6 months expenditure,
which includes expenditures under “Management Costs” category.



Can the advance be provided as requested?

ANSWER

 * No.



 * No advance to the advance account for the amount of management costs until
   the disbursement condition has been met. Estimated project expenditure may
   only apply to estimates for expenditure categories other than “Management
   Costs,” unless the disbursement condition is met.

CASE 11

CASE 11

 * Prepare an advance account reconciliation statement as of 28 February 2016
   based on the given information, and



 * List the documents to be submitted to ADB in addition to the reconciliation
   statement.

00008

ABC Bank

123 St, <city name> <country name>

1123456789

8,000,000

3,150,000

700,000

00008

2,600,000

150,000

00003

2,450,000

00007

500,000

750,000

1,250,000

0.00

300,000

8,000,000

1.58

6,320,000

8,000,000

CASE 12

CASE 12

Review the withdrawal application and the supporting documents in the following
case in ABC Island and find out the discrepancies which will cause delay in
ADB’s payment, considering the following information:



-The Loan agreement (Loan No. 8999(SF)) was signed on 20 June 2014. The Loan has
an advance account advance of US$1,900,000. The SOE ceiling is US$100,000 per
individual payment. The Loan closing date is 31 March 2020.



-The Executing Agency sent to ADB the withdrawal application for replenishment
together with the supporting SOE sheet and the Advance Account Reconciliation
Statement and the ending balance per the corresponding bank statement. The
expenditures were all under category 01 – ADB disbursement % is 75% of total
expenditure claimed. No supporting documents were submitted as the withdrawal
application was claimed under the SOE procedure.



-The statement of account from the Bank of Ocean (statement for the period 1-31
July 2016) shows the ending balance of $389,331.89.

Indicate Bank SWIFT Code if available

XXXXXXXX

US Correspondent Bank

Correspondent Bank information should be provided

US Correspondent Bank Address, USA

XXXXXXXX

Indicate the Name of the Borrower or Recipient, the Name and Title of Authorized
Representative, and the date the WA is signed

Borrower/Recipient's Name 21 June 20xx



<Signature>

Name of Authorized Representative / Title

1234 xxx

0 0 0 0 8

Indicate Loan No., Application No., Category/Subcategory No., SOE Sheet No., and
Period of Coverage.

01

1

Indicate Description of goods, Contractor/Supplier details, and Date of Payment.

$100,000

Indicate applicable SOE ceiling

Amount for Items 8 ($217K=$162K/75%) and 9 ($103K=$77K/75%) exceeds the SOE
ceiling of $100,000 per payment. This amount will be disallowed, unless
supporting documents are provided.

389,331.89

Ending Bank Balance (Item 2) should be US$389,331.89.

598,479.55

Item 3 amount should be US$598,479.55.

CASE 13

CASE 13

What should be the amount claimed from ADB in the following case (Loan No.
8989(SF))?



A civil works contract for US$5,000,000 was executed between Global Company (the
Contractor) and the Ministry of Roads and Transportation (EA). The contract
falls under category 01 (Civil works) with ADB financing of 85% of expenditure.
Payment terms indicated in the contract state that payment will be made based on
IPC (interim payment certificate), agreed between EA – Supplier –
Consultant/Supervisor/Engineer. The advance amount is 20% of the contract and
will gradually be reduced thru interim payment, equivalent to 35% of the amount
requested. A retention payment of 10% will be executed, 5% of which will be
released upon acceptance of the Hand-Over Minutes and the other 5% to be paid
after the guarantee period of 1 year after receipt of Handover Minutes.

US$ 1,000,000

(US$ 350,000)

(US$ 100,000)

US$ 550,000

The EA submitted a replenishment WA to ADB, requesting ADB to replenish the
Advance Account for a payment it made to the Contractor in the amount of
US$552,500. The EA's computation is as follows: US$1,000,000 – advance of
US$350,000 = 650,000 x 85% = US$ 552,500.



Details of payment shown in the IPC are as follows:

Value of completed work for the period

Less: Advance recovered (35% x $1M)

Less: Retention 10%

NET

ANSWER

a. US$ 552,500

b. US$ 550,000

c. US$ 469,625

d. US$ 467,500

US$ 1,000,000

(US$ 350,000)

(US$ 100,000)

US$ 550,000

85%

US$ 467,500

Value of completed work for the period

Less: Advance recovered (35% x $1M)

Less: Retention 10%

Net

ADB Financing %

Net amount to be claimed from advance

DIRECT PAYMENT

CASE 14

Based on the given information, review the documents and outline the
discrepancies which may cause delays in ADB processing the payment.



 * Withdrawal Application
 * Summary sheet
 * Advance Payment Guarantee
 * Request for Payment

 * A contract for civil works was executed in ABC Island between JBC
   Construction Company (the contractor) and the Department of Education (the
   EA). A copy of the approved contract has been submitted to ADB. The contract
   falls under category 01 (Civil Works) with ADB financing of 85% of the total
   expenditures. ADB’s Project Division entered the contract data in ADB’s Loan
   Information Financial System and advised the EA that PCSS number 0001 had
   been assigned for the approved contract.



 * The contract is for the total amount of US$2,200,000 out of which US$200,000
   represents taxes. The initial payment is to be a 20% advance payment, due
   upon submission by the Contractor of an Advance Payment Guarantee. The
   Advance Payment Guarantee should be in the same amount as the advance, and
   should be effective for 12 months from the time of receipt of the advance
   payment.

 * The EA received the supplier’s request for payment including the complete
   supporting documents amounting to US$440,000. Payment was made in favor of
   the supplier to its bank account number as indicated in their Request for
   Payment. The EA prepared the withdrawal application (WA), summary sheet and
   the supporting documents, and sent these to ADB for payment. The loan number
   is 8888 (SF), WA number is 00012.

2. The amount requested should be US$374,000 (US$2.2M x 20% advance x85% bank
financing)

2

8. Indicate the Name of the Borrower or Recipient, the Name and Title of the
Authorized Representative, and the date the WA is signed.

3. Include the correct Payee name: JBC Construction Company, not JBC Company
only.

3

1. Indicate the Loan No.

1

8888 XXX

5. Ensure the complete Payee Bank's address is indicated.

US$ 374,000

Three hundred seventy-four thousand

JBC Construction Company

4

No. 1 Main Street, Central City, ABC Island

5

25, 15th Street, Central City, ABC Island

4. Ensure that the complete Payee’s address is indicated and not just “[city
name]”.

6. SWIFT Code should be indicated

6

7

7. As amount to be paid is in US$, the Correspondent Bank should be provided.

ABCXXXX

US Correspondent Bank

US CorrespondentBank Address, USA

XXXXXXX

8

Borrower/Recipient's Name 21 June 20xx



<Signature>

Name of Authorized Representative / Title

8888 XXX

0 0 0 1 2

01

1

01 XXXXX 0001

85%

374,000

No. 1 Main Street, Central City,

ABC Island



1

1. Indicate Date, Loan No., Application No., Category/Subcategory No., and Sheet
No.

2

2. Indicate Item No., Contract No., PCSS No

3. Indicate address of supplier

3

4

4. ADB Disbursement percentage should be 85% ADB share of expenditure is
US$374,000

374,000

The bank guarantee, if required under the contract, should be retained by the
EA/IA, for annual audit and/or ADB’s review. ADB reserves the right to request
submission of such documents if deemed necessary.

The amount of the guarantee should cover the total advance amount of US$440,000.

The period indicated in the advanced payment guarantee should be effective for
12 months from the date the advanced payment is received by the Contractor. In
this example, the period 10 Dec 2015 is less than 12 months.

The Request for payment for the whole amount of US$440,000 is ok and need not be
corrected by the Contractor to show ADB's share only.

COMMITMENT PROCEDURE

CASE 15

CASE 15

The closing date for the loan is 30 June 2019. A request for reimbursement under
an expired letter of credit from a negotiating bank was received by ADB. The
negotiating bank certified that the Borrower authorized the payment to the
supplier. Will this claim be entertained by ADB in the following cases?



1. The request was received before the loan closing date

2. The request was received after the loan closing date

ANSWER

 * The request was received BEFORE the loan closing date



Extension of the LC expiry date does not require ADB’s prior approval. ADB can
honor the request based on the confirmation of the L/C issuing bank, or a
Borrower’s Advice of Extension of Letter of Credit Expiry and Shipping Dates
(Appendix 8G).

ANSWER

 * The request was received AFTER the loan closing date



Extension of LC expiry date beyond loan closing date requires ADB's prior
approval and submission of Application for Approval of Amendment of Letter of
Credit (Appendix 8E) and copy of the LC amendment.



Alternatively, ADB may pay reimbursement claim after loan closing date (and
within the 4-month winding up period) if it can be certified by the LC issuing
bank that the shipment was made within the loan closing date.

CASE 16

CASE 16

A signed application for issuance of commitment letter is submitted together
with a summary sheet for the commitment letter and the required Letter of Credit
(LC).



Loan No. 9998 (SF)

Effective Date: 30 Aug 2015

Closing Date: 30 Dec 2019



In the following cases, will a Commitment Letter be issued by ADB?



ANSWER

1. LC is irrevocable

1. LC is revocable

2. LC is non-transferable

2. LC is transferable

3. Shipment date is 30 Jan 2020

3. Shipment date should not fall beyond the loan closing date (30 December 2019)

ANSWER

4. Indicated port of loading/airport of departure and port of discharge/airport
of destination is "any port and/or airport"

5. The following clause is included in the LC:

"This Letter of Credit is established under Asian Development Bank (ADB) Loan
No. 9998(SF) and becomes effective only if and when ADB issues its commitment
letter to the nominated commercial bank."



4. Indicated specific port of loading port of loading/airport of departure and
port of discharge/airport of destination and should be an ADB member country.

GENERAL QUESTIONS

CASE 17

CASE 17

What is the most suitable disbursement method when the borrower has sufficient
resources?

a. Reimbursement

b. Advance Fund

c. Direct Payment

d. Commitment Letter

CASE 18

CASE 18

What is the most suitable disbursement method when the borrower does not have
sufficient resources to make payment (provided the borrower demonstrates
adequate accounting and administrative capacity?

a. Reimbursement

b. Advance Fund

c. Direct Payment

d. Commitment Letter

CASE 19

CASE 19

What is the most suitable disbursement method for large scale civil works
contracts payable when the payment is required to be made in a currency that the
borrower has difficulty obtaining?

a. Reimbursement

b. Advance Fund

c. Direct Payment

d. Commitment Letter

CASE 20

CASE 20

What is the most suitable disbursement method for large scale importation of
goods/equipment payable in foreign currency, with a letter of credit (L/C)
arrangement?

a. Reimbursement

b. Advance Fund

c. Direct Payment

d. Commitment Letter

CASE 21

CASE 21

Which of the following does NOT require ADB’s prior approval?

a.Use of reimbursement procedure with full supporting documents.

b. Use of reimbursement procedure with SOE procedure

c.Use of advance fund procedure with full supporting documents

d. All of the above

CASE 22

CASE 22

Choose which documents should be submitted for each of the following cases:

a. A withdrawal application (WA) for replenishment is submitted requesting for
3rd progress payment under an approved civil works contract. There is no
provision for use of the SOE procedure.

Hint: (6 answers)

1. Summary Sheet

8. Advance Account Reconciliation Statement

2. Contractor's Invoice Claim or a Letter Requesting for Payment

9. Ending balance per the corresponding bank statements

3. Proof of payment from the Advance Account

10. Complete details (i.e. description of payment, date paid, to whom paid) of
expenditures withdrawn from AA but not yet replenished

4. Bill of lading or delivery receipts

5. Copy of the civil works contract

11. AARS for each sub-account

6. Authenticated SWIFT Message

12. Bank Guarantee

7. IPC or summary of work progress with construction covering period indicated

CASE 22

b. A WA for replenishment is submitted requesting for 6th progress payment under
an approved civil works contract. The amount of ADB share for that 6th progress
payment is below the SOE ceiling indicated in the PAM. Hint: (3 answers)

1. Summary Sheet

8. IPC or summary of work progress with construction covering period indicated

2. SOE Sheet

3. Contractor's Invoice Claim or a Letter Requesting for Payment

9. Advance Account Reconciliation Statement

4. Proof of payment from the Advance Account

10. Ending balance per the corresponding bank statements

5. Bill of lading or delivery receipts

11. Complete details of expenditures withdrawn from AA but not yet replenished

6. Copy of the civil works contract

7. Bank Guarantee

12. AARS for each sub-

account

CASE 22

c. A WA for replenishment is submitted and part of the request is that of the
release of the retention money. There is no provision for use of the SOE
procedure.

Hint: (5 answers)

1. Summary Sheet

2. SOE Sheet

11. Final Interim Payment Certificate or summary of work progress with
construction covering period indicated

3. Estimate of Expenditures Sheet

4. Contractor's Invoice Claim or a Letter Requesting for Payment

12. Advance Account Reconciliation Statement

5. Proof of payment from the Advance Account

13. Ending balance per the corresponding bank statements

6. Bill of lading or delivery receipts

7. Copy of the contract

14. Complete details of expenditures withdrawn from Advance Account but not yet
replenished

8. Authenticated SWIFT Message

9. Unconditional Bank Guarantee

15. AARS for each sub-account

10. Contract terms and conditions which refer to release of retention money

CASE 22

d. A WA for initial advance to the advance account is submitted as provided for
in the PAM. Hint (1 answer)

1. Summary Sheet

6. Ending balance per the corresponding bank statements

2. SOE Sheet

3. 6-month Estimate of Expenditures Sheet

7. Complete details of expenditures withdrawn from Advance Account but not yet
replenished

4. Authenticated SWIFT Message

5. Advance Account Reconciliation Statement

8. AARS for each sub-account

CASE 22

e. A WA for direct payment is submitted requesting for advance payment of 30% as
per provisions of an approved contract for civil works. Hint: (2 answers)

1. Summary Sheet

2. SOE Sheet

6. Interim Payment Certificate or summary of work progress with construction
covering period indicated

3. Contractor's Invoice Claim or a Letter Requesting for Payment

7. Bill of lading or delivery receipts

4. Proof of payment or official receipt of payment

8. Authenticated SWIFT

message

5. Bank Guarantee

CASE 22

f. A WA for direct payment is submitted requesting for 2nd progress payment
under an approved civil works contract. Hint: (3 answers)

1. Summary Sheet

2. SOE Sheet

5. Interim Payment Certificate or summary of work progress with construction
covering period indicated

3. Contractor's Invoice Claim or a Letter Requesting for Payment

6. Bill of lading or delivery receipt

4. Proof of payment or official receipt of payment

7. Contract

CASE 22

g. A direct payment WA is submitted requesting for Consultancy fees
(remuneration and out-of-pocket expenses (OPE) for April 2015. Hint: (2 answers)

1. Summary Sheet

4. Proof of payment from the Advance Account

2. SOE Sheet

5. Copies of full supporting documents to the OPEs

6. Timesheets

3. Consultant's Invoice or claim with breakdown of nature of OPEs

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