A number of concepts appears in the leasing transaction:
Subject (object) of leasing – any personal and real estate which can be used in business activity (the equipment, transport, buildings and uninhabited constructions). Natural objects (the land lots etc.), and also other property on which the law established a special order of the address can't be a subject of leasing. In practice in leasing objects of a personal estate more often are got.
The lessor – the physical or legal entity who gets a leasing subject at the supplier (seller) and provides it for a certain payment to a lizingopoluchatel with registration of the contract of leasing where all conditions of the leasing transaction are reflected. It can be bank or the leasing company
Lizingopoluchatel - the physical or legal entity who accepts in using a leasing subject according to leasing contract provisions.
The supplier (seller) – the physical or legal entity who sells object of leasing to the lessor.
Leasing is favorable first of all to those companies to which need to get concrete objects of personal or real estate, but they don't have enough own means or complexity with pledge for the bank credit, and also to the companies which want to receive property in temporary use.
Leasing though is similar by sight to the usual credit to small business, actually has with it a little the general, behind an exception unless returnable leasing about which it will be told below. Leasing is more specialized product and on structure of the transaction is most of all similar to the autocredit or a mortgage.
The credit assumes receiving by the borrower of money, leasing assumes receiving in using of concrete objects of property. The purposes of crediting are extensive, in leasing a main objective – temporary use or property acquisition. The credit can be given out on the security of various property which already should belong to the company borrower. Leasing is made out on acquired property and other property providing usually doesn't demand. The credit to small business assumes equal or individual monthly payments without an initial contribution. The firm-lizingopoluchatel should pay for leasing at once to 30 percent from cost of object of leasing. According to the program of financing of small business there are some standard products and conditions on them (a rate, term). Conditions on leasing are established individually, depending on this concrete transaction.
By consideration of possibility of implementation of the leasing transaction on a lizingopoluchatel the financial analysis of activity will be carried out. Requirements here are similar to the analysis when crediting, however financial data can be requested for longer period of activity of the company. Also it is necessary to prepare the project business plan (if this new direction of business in the company). After carrying out the analysis conditions on the transaction – compensation of the lessor, term (usually 2-3 years, at most 5 years) and the realization scheme are coordinated.
Schemes of implementation of the leasing transaction differ depending on its look. There is a financial leasing (is most widespread), at which the lizingopoluchatel carries out a choice of property and the seller of this property, and the lessor acquires this property and transfers it to a lizingopoluchatel in temporary possession or using for a certain payment. Concepts of possession and using also differ from each other: in the first case the subject of leasing is put on balance of a lizingopoluchatel. It pays the property tax and charges amortization. Transfer to using assumes that the subject of leasing remains on balance at the lessor. Respectively it should pay the property tax and charge amortization. In any case at the end of term of payment of debt the property can carry over a lizingopoluchatel (that and happens more often), or to remain with the lessor. The last case is more widespread at operative leasing when the lessor on own initiative buys property which considers it necessary, and then looks for on it the tenant (lizingopoluchatel). This type of leasing more short-term, than financial also is classical rent of property. Thus the subject of leasing is on balance of the lessor. Small terms of leasing allow the lessor to transfer property in leasing repeatedly. The subsequent repayment of property by a lizingopoluchatel here as a rule isn't used.
There is also returnable leasing when the lizingopoluchatel itself acts as the seller of a subject of leasing. Lizingopoluchatel sells property to the lessor as the seller (supplier), and then rents this property as a lizingopoluchatel. Thus he receives money from sale and continues to use a leasing subject. In fact the lizingopoluchatel takes the loan from the lessor on the security of a leasing subject.
In end it is necessary to mention distribution of risks according to the transaction. The risk of damage or a property loss at financial leasing lies on a lizingopoluchatel, at the operative – on the lessor. However by the contract other order of distribution of risks can be established. It is necessary not to forget also that the leasing subject according to the current legislation isn't subject to unconditional withdrawal by the lessor or his creditors, if a leasing subject назодится in pledge on the credit.
No comments:
Post a Comment