Whether pre formalities are required for financial leasing 10

Take aircraft financial leasing as an example

Aircraft financial leasing is a leasing method in which the lessor purchases the aircraft selected by the lessee (airline), enjoys the ownership of the aircraft, and leases the aircraft to the lessee for paid use within a certain period of time, which has the dual functions of financing and financing.

At the expiration of the lease term, the lessee may renew the lease, or it may purchase it according to the market economy or fixed **, or repay the aircraft to the lessor according to the specified conditions. There are many methods of financial leasing, and the most commonly used ones are leveraged leasing for investment tax reduction, financial leasing supported by export credit from the United Kingdom and the United States, and financial leasing using general commercial loans.

The aircraft leasing business has a large amount of money and a long term. In the financial leasing business, foreign lenders often require two guarantee conditions when providing financing - a Chinese bank guarantee and an aircraft mortgage.

Applicant for aircraft leasing guarantee business: an airline registered in the territory of the People's Republic of China.

If you need to apply for an aircraft lease financing guarantee, you should meet the following basic conditions:

1. Hold a business license issued by the administrative department for industry and commerce.

2 Hold a loan card issued by the People's Bank of China.

3. The State Planning Commission approves the document agreeing to the introduction of aircraft on a leased basis.

4. The business situation is normal, the economic benefits are significant, and the ability to ensure the timely repayment of rent.

5. Sign an aircraft financial lease agreement with the lessor.

Application Procedure 1 The applicant shall submit an application form to the company's business department for the aircraft project introduced by leasing, which shall specify the aircraft type, number of aircraft, amount, delivery time and other contents required by the company's business department, and provide the following documents and materials at the same time:

1) Documents approved by the State Planning Commission for the introduction of aircraft on a lease basis;

2) Documents from the Directorate General of Civil Aviation allocating aircraft to airlines;

3) Applicant's Profile;

4) The applicant's financial statements for the last three years;

5) Financial calculation of the introduction of aircraft;

6) The unconditional and irrevocable counter-guarantee undertaking provided by the domestic counter-guarantee entity to the Bank;

7) Documents sufficient to explain the economic strength of the domestic counter-guarantee unit, such as the introduction of the counter-guarantee unit, financial statements of the last three years, etc.;

8) Introduction to the financing structure (financial leasing method) or lease structure (operating lease);

9) Introduction to the Aircraft Leasing Financing Arranger (Finance Leasing).

2. In the financial leasing business, in order to control the financing cost, the company's business department can send personnel to participate in the selection of financing plans, financing arrangements, and negotiation of guarantee terms for each aircraft;

3 Once the above work has been completed, the review of the project can begin.

Financial leasing, also known as equipment leasing or modern leasing, is a new type of transaction that emerged in the United States in the fifties.

In the sixties and seventies, it developed rapidly all over the world, and now it has become one of the main means of financing for enterprises to update equipment, and is known as the "sunrise industry". After the introduction of this business mode in China in the early 80s, it has also developed rapidly for more than ten years, but compared with developed countries, the advantages of leasing are far from being brought into play, and the market potential is very large. Its specific content refers to the lessor's contribution to purchase the leased object from the supplier and lease it to the lessee for use according to the lessee's specific requirements for the leased object and the supplier's choice, and the lessee pays rent to the lessor in installments, and the ownership of the leased object belongs to the lessor during the lease period, and the lessee has the right to use the leased object.

After the expiration of the lease term, the rent is paid and the lessee fulfills all its obligations in accordance with the provisions of the financial lease contract, the ownership of the leased property is transferred to the lessee. Although the lessor also has the identity of the purchaser of the equipment in the financial lease transaction, the substantive content of the purchase of the equipment, such as the selection of the supplier, the specific requirements for the equipment, and the negotiation of the terms of the purchase contract, are all enjoyed and exercised by the lessee, and the lessee is the actual purchaser of the leased property.

Approval required. At present, there are three types of departments that approve financial leasing in China:

Category 1: Financial leasing companies in the financial system are subject to the approval of the CBRC with a registered capital of more than RMB 100 million.

Category II: The Ministry of Commerce is responsible for the examination and approval of foreign-invested financial leasing companies, with a registered capital of more than 10 million US dollars, and the Ministry of Commerce has delegated the approval authority to the commerce commissions of all provinces and municipalities directly under the Central Government.

Category III: Domestic-funded pilot financial leasing companies are jointly approved by the Ministry of Commerce and the State Administration of Taxation, with a registered capital of more than 100 million yuan. It shall be accepted by the provincial commissions of commerce and then forwarded to the Ministry of Commerce and the State Administration of Taxation for approval.

Among the above three types of companies, the easiest is to set up a foreign-funded financial leasing company.

After the company obtains the financial leasing qualification, the financial leasing business engaged in can enjoy the policy of levying business tax on the difference.

Yes, approval is required.

The investor shall submit the above-mentioned materials to the provincial-level competent department of commerce where the enterprise is to be established, and if the provincial-level competent department of commerce approves the establishment, it shall issue a Certificate of Approval for Foreign-invested Enterprises. The provincial-level competent department of commerce shall, within 7 working days after the approval of the establishment of a foreign-invested leasing company, submit the approval documents to the Ministry of Commerce for the record.

For the establishment of a foreign-invested financing leasing company, the investor shall submit the application materials to the provincial-level competent department of commerce where the enterprise is to be established; The provincial-level competent department of commerce shall report the preliminary review opinion to the Ministry of Commerce.

Yes, financial leasing is a specially approved industry, which requires pre-approval, and needs to be approved by the local Ministry of Commerce to issue a filing certificate, and only after the filing certificate comes out can you go to the industrial and commercial bureau to apply for a business license;

Conditions for the establishment of a financial leasing company:

1: There must be a Hong Kong company that meets the requirements, the Hong Kong company has been established for at least 1 year, has net assets of 5 million US dollars, and needs to provide its credit certificate, audit report, and fair documents;

2. There must be more than two senior executives and more than 3 years of experience in the financial leasing industry;

4: The registered capital of the financial leasing company shall not be less than 10 million US dollars, and the business term shall not exceed 30 years.

"Financial lease" requires pre-approval. Among them, the financial leasing company shall be approved by the China Banking Regulatory Commission, the foreign-funded financial leasing company shall be approved by the Ministry of Commerce, and the domestic-funded pilot financial leasing company shall be jointly approved by the Ministry of Commerce and the State Administration of Taxation.