What is financial leasing, financial direct leasing, and financial leaseback

1. Financial lease is the most common and basic form of non-bank finance in the world. It refers to the conclusion of a supply contract between the lessor and 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.

2. Direct financial leasing is direct financial leasing: the lessee designates the equipment and manufacturer, entrusts the lessor to finance the funds to purchase and provide equipment, and the lessee uses and pays the rent, and the lessor transfers the ownership of the equipment to the lessee at the expiration of the lease period.

It is conditional on the lessor retaining the ownership of the leased property and collecting rent, so that the lessee can obtain the right to possess, use and benefit from the leased object during the lease period. This is one of the most typical forms of financial leasing.

3. Financial leaseback is the first leaseback: It means that the owner of the object first signs the "Sales Contract" with the leasing company and sells the object to the leasing company to obtain cash. Then, the original owner of the property, as the lessee, signs a leaseback contract with the leasing company to lease the property back.

The lessee regains ownership of the property after repaying the full rent in accordance with the leaseback contract and paying off the salvage value of the property.

Sale-leaseback belongs to the category of financial leasing, and the difference between equipment financial leasing and mortgage loan is discussed

1.Sale-leaseback is the sale of equipment to a financial leasing company, which is owned by the financial leasing company before the leaseback, and the financing party enterprise only has the right to use the equipment, but not the right to dispose of it;

A mortgage is simply a mortgage of equipment to a bank, and the ownership of the equipment is still financing the enterprise.

2.Sale-leasebacks can generally be used for long-term financing, which is more common for three or five years; For mortgage loans, banks generally have a one-year term, and long-term loans are difficult to operate.

3.In the whole process of sale and leaseback, the equipment should be sold to the financial leasing company by the financing party first, and generally repurchased after expiration;

The mortgage loan only goes to the bank to go through the mortgage procedures, and there is no transfer of property rights.

4.A simple sale-leaseback is the use of funds from a financial leasing company, which can also be used by cooperating with a bank.

But for banks, the risks are different. Assuming that the financier enterprise goes bankrupt and the ownership of the equipment is in the financial leasing company, the financial leasing company enjoys all the rights of disposal and the right to benefit, and the financing risk is basically controllable, and it can even obtain profits from the sale; However, as a collateral asset, there are many provisions on collateral and many disputes, and it may not be possible to compensate the loan amount in full.

The main thing is that these are the differences.

The difference between direct leasing and leaseback of financial leasing is: the ownership of the vehicle is different, the buyer and seller are different, and the threshold is different.

1. The ownership of the vehicle is different.

1. Direct leasing: The financial leasing company purchases the vehicle, and the vehicle is suspended in the name of the financial leasing company.

2. Leaseback: The customer is the buyer, mortgages the car to the financial leasing company, and gets the funds.

Second, the way is different.

1. Direct leasing: The financial leasing company leases the vehicle to the consumer, and the ownership is transferred to the lessee after the lease period ends.

Third, the threshold is different.

1. Direct leasing: The threshold for direct leasing is low, and the requirements for credit and qualification are low, and many consumers who have been rejected by banks and other financial institutions can successfully handle it through rent and purchase.

2. Leaseback: The threshold for leaseback is high, and the requirements for credit and qualification are high, so the financial leasing company should choose to lease according to the actual situation of the customer.

Direct leasing is a leasing method in which the financial leasing company purchases the equipment required by the lessee and rents it to the lessee, and collects the rent until the principal and interest of the equipment financing money are recovered as scheduled, and the equipment is handed over to the lessee.

In order to solve its long-term lack of liquidity, the leaseback is a way for the enterprise to lease the equipment to the leasing company, and the leasing company will lease the obtained equipment to the enterprise, and the enterprise will redeem the leaser of its equipment at rent in stages.

Legal analysis: The financial lease direct lease lessor purchases the leased property from the seller according to the lessee's choice of the seller and the leased object, provides it to the lessee for use, and the lessee pays the rent. The main feature is: Liangyou.

1) The financial leasing company (i.e., the lessor) purchases the leased items such as equipment according to the requirements of the lessee.

2) When calculating the rent, the rent of each period and the premium collected should be calculated into the rent.

3) After the end of the financial leasing business, the lessee obtains the ownership of the leased property with a symbolic **.

In the sale-leaseback model, the lessee sells its own movable products to the lessor, and then leases the leased property back from the lessor through a financial lease contract. At this time, the lessee's own equipment and other fixed assets have actually realized the realization of Rongxiao's late cashing out, and the lessor will then release the equipment and other fixed assets to the lessee, and then realize the purpose of investment and income through the way of regular rent.

Legal basis: Civil Code of the People's Republic of China Article 735 A financial lease contract is a contract in which the lessor purchases the leased object from the seller according to the lessee's choice of the seller and the leased object, provides it to the lessee for use, and the lessee pays the rent.

Financial lease leaseback refers to a way in which the owner of the equipment first sells the equipment to the lessor according to the market, and then leases back the original equipment in the form of lease. A simple example is that a customer buys a car, mortgages the car to a financial leasing company, gets the funds, and the rental company rents the car to the customer and collects the rent. The customer reserves the right to use the vehicle.

1. Advantages of financial lease leaseback.

The advantages of financial lease leaseback are:

First, the lessee not only has the right to use the original equipment, but also can obtain a sum of funds;

Second, because the ownership does not belong to the lessee, after the expiration of the lease, it is decided to renew the lease or stop the lease as needed, so as to improve the lessee's ability to adapt to the market;

Third, after the leaseback lease, the right to use the block has not changed, and the equipment operators, maintenance personnel and technical management personnel of the lessee are very familiar with the equipment, which can save time and training costs. The owner of the equipment can use most of the funds for other investments, and use the funds to make the most of them, and a small part of them to pay rent.

Second, the financial lease prosecution process.

1) To file a lawsuit with the court, the complaint and relevant evidentiary materials shall be submitted, and a copy of the complaint and evidence shall be submitted according to the number of defendants, and the prepared materials shall be submitted.

2) After receiving the pleadings submitted by the parties, the judge in charge of filing the case in the case filing division conducts a careful review, and if the requirements for filing the case are met, the relevant information is to be entered into the microcomputer, and after the division president's approval, a notice of acceptance of the case, a notice to present evidence, and a notice of payment of litigation fees are to be served on the plaintiff.

3) Where upon review it is decided to file a case, a schedule is to be made immediately. In first-instance civil cases, the parties should be given a 30-day time limit for presenting evidence, and in second-instance civil cases, the parties should be given a 10-day time limit for presenting evidence.

4) After the scheduled date, the case filing court shall serve a summons on the parties immediately or by postal courier; Where it is necessary to serve directly, the case filing division is to hand it over to the judicial police team for enforcement.

5) Payment of litigation fees. After receiving the notice of advance payment of litigation costs issued by the court, the parties shall pay the money to the charging office of the Agricultural Bank of China in the court within 7 days.

6) The court issues a receipt. The parties shall immediately go to the financial office of the court to exchange the "Special Bills for Litigation Fees" with the "Notice of Advance Payment of Litigation Fees of the People's Court" stamped with the receipt seal of the Agricultural Bank of China.