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Financial leases, also known as financial leases or purchase leases. It is the most common and basic form used in the world at present. According to the definition of the Financial Lease Convention of the International Institute for the Unification of Private Law, a financial lease refers to a transaction that is:
At the request of the lessee and the specifications provided, the lessor enters into a contract for the supply of goods with a third party (supplier), according to which the lessor acquires the plant, capital goods or other equipment (hereinafter referred to as the equipment) on terms agreed to by the lessee to the extent that it has an interest in it. In addition, the lessor enters into a lease contract with the lessee (user) to grant the lessee the right to use the equipment on the condition that the lessee pays the rent.
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Generally, when there is not enough money to purchase equipment, it is usually used to raise funds by bank loans and other means, and then use the raised funds to purchase equipment and put it into production and then repay the loan, which is very time-consuming. The use of financial leasing can save the time of financing and enter production in advance. Especially when the equipment accounts for the vast majority of the total assets, the advantage will be more obvious!
Because the time saved is the time of financing, and this kind of business is similar to leasing, which belongs to the purchase of assets in installments, so it can be understood as financial leasing.
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To put it simply, it is to buy equipment in installments, and if the full amount is not paid, the ownership of the equipment belongs to the lessor.
Attention should also be paid to the issue of depreciation:
Depreciation: The lessee accrues depreciation (the use period is the lower of the use period and the contract term stipulated in the tax law) The ownership of the equipment at the expiration of the contract: If the contract does not stipulate the ownership of the equipment after the expiration of the contract, a supplementary agreement should be signed, and if a supplementary agreement cannot be reached, it will be owned by the lessor (many enterprises have suffered this kind of loss).
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Financing is almost installment, and the depreciation of the fixed assets leased by this financing is almost regarded as one's own assets. Leased fixed assets do not need to be depreciated.
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1. Generally speaking, if you want to buy a piece of equipment to produce milk, but the equipment is more expensive and you can't afford it, then you can buy this equipment by a financial leasing company, and then you sign a contract for limb balance, and the company will lease this equipment to you for use, and you will pay rent according to the contract.
2. Financial lease refers to the lessor's purchase of the equipment required by the lessee, and then the rental house leases the equipment to the lessee, and the lessee pays a certain amount of rent.
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A finance lease is a lease that substantially transfers all the risks and rewards associated with the ownership of the asset.
The business types are mainly divided into: direct leasing and sale-leaseback.
1. Direct lease.
The traditional direct leasing business involves three parties, the lessor, the lessee and the seller.
For example, you need a washing machine that blows up the sky. There's a store that's doing this kind of washing machine, but you find that you don't have enough money to buy that washing machine all at once.
At this time, you see that I am very rich, so you sign a financial lease contract with me, let me buy the washing machine, and then rent it to you. You just need to rent it in installments and you can use that washing machine all the time. After the expiration of our lease, if there is an agreement in advance, you can get the ownership of the washing machine as long as you pay according to the residual value of the used washing machine.
If there is no agreement, then this washing machine belongs to me.
2. Sale and leaseback.
In a sale-leaseback, the seller and the lessee are the same person.
Example: You need money to spend. You find out that you own a washing machine that blows the sky.
I'm still the one who is very rich. So you sell the washing machine to me, I give you a large sum of money, and then you sign a financial lease contract with me, and I will rent the washing machine back to you. You continue to keep the washing machine, but you have to pay me the rent in installments (the above sale and rent are not in order, and the physical goods are not actually transferred).
When the lease period is up, I will sell the washing machine back to you or I will take it over.
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The financial leasing industry belongs to the financial industry, which originated in the United States after World War II, and the first joint venture leasing company was established in China in 1981, which started late compared with foreign countries.
A financial lease is not a traditional lease, where the rent is calculated based on the time when the lessee leases the object, while the financial lease calculates the rent when the lessee occupies the financing cost.
The biggest difference between the two is that financial leasing means that the lessor purchases the leased object from the supplier and leases it to the lessee for use according to the specific requirements of the lessee for the leased object and the choice of the supplier, and the lessee pays the 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 performs all its obligations in accordance with the provisions of the financial lease contract, if there is no agreement on the ownership of the leased property or the agreement is unclear, it may be supplemented by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant terms of the contract or transaction customs, and if it is still uncertain, the ownership of the leased object shall belong to the lessor.
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Financial leasing is currently the most common and basic form of non-bank finance in the world. It refers to the lessor's conclusion of a supply contract with a third party (supplier) at the request of the lessee (user), according to which the lessor pays for the purchase of equipment selected by the lessee. At the same time, the lessor enters into a lease contract with the lessee to lease the equipment to the lessee and collects a certain rent from the lessee.
The characteristics of Rongfan imitation leasing are generally summarized into five aspects:
1. The leased property shall be decided by the lessee, and the lessor shall purchase and lease it to the lessee at its own expense, and shall only be leased to one enterprise during the lease period.
2. The lessee is responsible for inspecting and accepting the leased property provided by the manufacturer, and the lessor does not guarantee the quality and technical condition of the leased object.
3. The lessor retains the ownership of the leased property, and the lessee has the right to use the leased property by paying rent during the lease period, and is responsible for the management, repair and maintenance of the leased property during the lease period.
4. Once the lease contract is signed, neither party has the right to unilaterally revoke the contract during the lease period. The execution of the contract can only be suspended if the leased property is destroyed or proved to have lost its use value, and the penalty for unjustified repudiation is substantial.
Fifth, after the end of the lease period, the lessee generally has two options for the leased property to retain and return the lease, if you want to keep the purchase, the purchase can be determined by the lease of the double training car hungry party negotiation.
First, the role is different.
Because the leasing company can provide ready-made financial leasing assets, so that the enterprise can be obtained and installed in a very short period of time with a small amount of funds, and can quickly play a role and produce benefits, therefore, the financial leasing behavior can enable the enterprise to shorten the construction period of the project, effectively avoid market risks, and at the same time, avoid the enterprise due to insufficient funds and let go of fleeting market opportunities. >>>More
Article 1 The people's court shall, in accordance with the provisions of Article 237 of the Contract Law, make a determination on whether a legal relationship of financial leasing is constituted in light of the nature, value, and rent of the subject matter, as well as the contractual rights and obligations of the parties. For a financial lease contract that is called a financial lease contract but does not actually constitute a financial lease legal relationship, the people's court shall handle it in accordance with the legal relationship actually constituted. Article 2 If the lessee sells its own property to the lessor, and then leases the leased property back from the lessor through a financial lease contract, the people's court should not determine that it does not constitute a financial lease legal relationship solely on the grounds that the lessee and the seller are the same person. >>>More
The functions of financial leasing can be expressed in the following aspects: >>>More
Financial lease: refers to the lessee's (user's) request to enter into a supply contract with a third party (supplier), according to which the supplier pays for the purchase of equipment selected by the lessee. >>>More
Depending on which district you are in, the cost is generally very high.