I, financial leasing direct lease and leaseback difference - legal knowledge
Legal analysis:
Financial leasing direct leasing lessor according to the lessee to the seller and hire purchase of leased property, provided to the lessee to use, the lessee to pay rent. The main features are:
(1) the financial leasing company (i.e., the lessor) in accordance with the lessee's requirements
(2) the calculation of the rent to be each installment of the rent, as well as the premium charged.
(3) After the financial leasing business is completed, the lessee acquires ownership of the leased property at a nominal price.
Sale and leaseback mode in the lessee will sell its own movable assets to the lessor, and then through the financial leasing contract when the lessee's own equipment and other fixed assets, in fact, to realize the financing of the cash, the lessor and then the equipment and other fixed assets leased to the lessee, and then through the way of regular recovery of the rent to achieve the purpose of investment and income.
Legal basis:
The Chinese People's **** and National Code Article 735 of the financial leasing contract is the lessor according to the lessee's choice of the seller, the leased goods, to the seller to buy the tenant to pay the rent of the contract.
Two, what is the core difference between financial leasing and financial leasing?
The difference between financial leasing and financial leasing is as follows:
1, the concept is different
Financial leasing is the most common and basic form of non-banking finance in the international arena. It refers to the lessor according to the lessee's (user's) request, and the third party (supplier) to enter into a supply contract, according to which the lessor funded the purchase of equipment selected by the lessee. At the same time, the lessor enters into a lease contract with the lessee, leasing the equipment to the lessee and charging the lessee a certain amount of rent.
Financial leasing means that the lessor, at the request of the lessee, purchases the fixed assets designated by the lessee from the seller designated by the lessee according to the prior contractual agreement between the two parties and, on the premise that the lessor owns the ownership of the fixed assets, transfers the right to possess, use and earn income from the fixed assets to the lessee for a period of time under the condition of the lessee's payment of all the rents.
2, the lease subject is different
Financial leasing is the background of the bank capital, the industry to carry out the financial leasing company needs to be licensed by the CBRC, the industry said that these companies for the financial leasing company. Financial leasing is non-bank background, financial leasing company license is issued jointly by the Ministry of Commerce and the State Administration of Taxation. Business content are financial leasing.
3, different scope of application
Financial leasing is more suitable for small and medium-sized enterprise financing. As financial leasing has a combination of financing and financing features, the leasing company can recover and deal with the leased goods when problems arise, and thus does not have high requirements for enterprise credit and guarantee when dealing with financing, so it is very suitable for small and medium-sized enterprise financing.
Financial leasing is a form of credit that replaces financing with financing and closely links financing with financing, so financial leasing is mostly applicable to the leasing of large sets of equipment.
Expanded information:
Financial leasing features
1.
2, the lessee is responsible for the inspection and acceptance of the leased goods provided by the manufacturer, the quality of the leased goods and technical conditions of the lessor does not guarantee the lessee.
3. The lessor retains the ownership of the leased property, and the lessee pays the rent during the lease period and enjoys the right of use, and is responsible for the management, repair and maintenance of the leased property during the lease period.
4, once the lease contract is signed, during the lease, no party has the right to unilaterally withdraw from the contract. Only if the leased property is destroyed or proved to have lost the value of the use of the case can suspend the contract, without reason to break the contract will have to pay a heavy penalty. Fifth, after the end of the lease period, the lessee of the leased property generally have two options to stay purchase and surrender, if you want to stay purchase, the purchase price can be negotiated by the two sides of the lease to determine.