Financial leasing shows up as a loan on credit
It is normal.
For finance leases, which are also a type of loan, finance leases are loans with collateral. Finance leases are all finance loans issued by finance companies. As belonging to the loan. So financial leasing is also on the credit, in the credit above will directly show the financial leasing loan service.
Financial leasing and bank loans are the same, are to take "interest with the principal" interest calculation method. This way is according to the customer to the borrowed funds of the actual occupation time, calculate the customer should pay interest. In other words, after the customer repaid part of the funds, with the actual occupation of the bank (the company) to reduce the funds, the interest paid by the customer will also be reduced. From this point of view, financial leasing is the same as bank loans. The main difference between a financial lease and a bank loan is the extra service charge and the nominal price of the goods. The service charge is the lease amount multiplied by the service charge rate, and the nominal price of goods is the lease amount multiplied by the nominal price of goods rate. The service fee is a one-time charge at the beginning of the project.
Is a financial lease legally speaking a loan?
I, financial leasing is a loan
China currently has no laws and regulations on financial leasing,
Academia has not yet formed a unified or more consistent definition. The author combines the work practice and the spirit of the International Financial Leasing Convention and the draft regulations being drafted by the relevant authorities, that the financial leasing contract should at least contain the following
Contents: the lessor, according to the lessee's specific requirements for the leased object and the selection of the supplier, to fund the purchase of the leased object from the supplier and leased to the lessee to use the lessee pays the rent, and at the expiration of the lease period, to obtain a lease. The lessee pays the rent, and at the end of the lease term, obtains the ownership of the leased object
, renews the lease or returns the leased object. From its basic meaning, the financial lease contract is a new type of contract in the form of lease financing funds as the main function.
Some foreign scholars believe that the financial leasing contract has the essence of the money consumption loan contract (in our country is called a loan contract), there is an essential difference between the two.
1. the difference between the main body of the contract
financial
financial leasing contract must be related to each other three parties (i.e., the lessor, the lessee, the supplier) signed the purchase, lease two contracts, the lessor on the one hand and the supplier signed a contract of supply, on the one hand, and the lessee signed a
leasing contract, but the subject matter of the two contracts are the same! That is, the supplier from the lessor to obtain the payment, and the equipment to the lessee, the two contracts are independent, signed for different purposes, the rights and obligations
Services are also different, but the "two contracts tripartite, leasing and trade can not be separated" is the basic characteristics of the financial leasing contract, even in the case of leaseback contract, the lessee and the supplier to sign the lease contract, and the lessee to sign the lease contract, the lessor to sign the supply contract, and the lessee to sign the lease contract. In the case of leaseback contract, the lessee and supplier is one, but it is as two different
same subject. And the loan contract involves only the lender and the borrower, does not involve a third party.
2. The difference between the object of the legal relationship
from the subject matter, the subject matter of the loan contract is the capital
gold, is to borrow money to pay back the money of the contract; and the subject of the financial leasing contract is the leased property, is to melt instead of financing and borrowing money and borrowing property of the two organically combined with the contract, financial leasing contract must be present in the "thing", that is, equipment, equipment, equipment, and equipment. And according to the international financial leasing convention and foreign law, this kind of thing is also limited to a certain range, can not be consumer goods
or household goods and so on.
From the realization of the contract, the performance of the loan contract, is the lender will be the funds of the right to operate (including possession, use, income, the right to dispose of) transferred to the borrower to achieve,
this, the borrower to get the borrower's loan, if the borrower is used to purchase equipment, etc., of course, enjoys the ownership of the equipment purchased, its use, income is based on the right to operate, and the lender Not involved; the borrower is due only to return the loan
Principal and interest can be, the maturity of the loan there is no obligation to return the equipment purchased. In the financial leasing contract, can not ignore the existence of the relationship between the use of objects, he is through the separation of ownership and right to use to realize, the contract of
subject matter ownership is to the lessor, the lessee is only the right to possession of the equipment, the right to use and the right to income, the expiry of the lease, and then according to the contract both parties agree to the lessee to obtain the ownership of the renewed lease or lessor to recover the lease
objects, that is, the leased
objects, that is to say, the lease expires.
Substances, that is, the lease expires after the right to choose.
3. Rent and interest calculation is different
Loan contract, the borrower in accordance with the contract, in addition to the lender to return the principal amount of the loan, but also need to pay interest, interest
In addition to the contractual agreement, but also in line with the national provisions of the range of interest rates on bank loans, otherwise invalid beyond the portion, and also in the principal amount of the contract expires in one-time repayment. The financial leasing contract, the lessee to the lessor
payment is the rent, the arrangement of rent is far more complex than the simple repayment of principal and interest. Its calculation includes the equipment price, financing interest, bank charges and other total cost recovery and handling fees, insurance premiums and other operating expenses of the lessor, as well as the available profit
run. Specific calculations are additional rate method, annuity method (which can be divided into equal annuity method, variable annuity method, cost recovery method), etc., the rent is generally paid several times during the lease period, equal or unequal payment of rent, and the rent is
generally higher than the same period of bank loan principal and interest.
4. Starting period is different
Loan contracts in the borrowing period is generally from the borrowing of money in place to start calculating; and financial leasing, signing by the leasing parties agreed to specify the date of the certificate, bill of lading, the last payment date, the date of arrival of the lessee's factory or acceptance of the date of the start of the lease.
From the comparison of the above legal characteristics, lending is a financial activity, should be subject to the adjustment of financial regulations, therefore, the trial of the loan contract is mainly applicable to the economic contract law and financial regulations; and financial leasing in terms of its function, in addition to the nature of the lease contract, there are buying and selling, financing, security and other roles, so the trial of the financial leasing contract cases, not only to apply the economic contract law and financial regulations, but also the use of health, intellectual property rights, the financial leasing contract, the financial leasing contract. Therefore, the trial of financial leasing contract cases, not only to apply the economic contract law and financial regulations, but also need to use health, intellectual property rights, transportation, insurance, taxation and other laws and regulations.
Two, the risk of financial leasing
1. Risk assessment system. The system should be encompassed including risk assessment department, the Ministry of Commerce, asset management and other departments **** with the establishment. Respectively from the customer risk, industry risk, asset operation risk and specific project business risk multi-dimensional establishment.
2. Risk assessment model. According to the business of their own financial leasing company involved in the industry, the establishment of exclusive risk assessment model, specifically including customer assessment model, seller assessment model.
3. Project inspection and follow-up mechanism. Before and after the signing of the project, the company should continuously conduct follow-up visits to the project to keep abreast of the operation of the lessee, so as to avoid false transactions and vicious delinquency.
4. Asset management. Asset management should be carried out for ongoing projects. The customer and the leased object are managed from the customer's point of view. Ensure that the customer is monitored, and ensure that the leased objects are disposed of in the event of repossession and other malicious situations.
5. Insurance. Insurance should be purchased for the leased objects of the project to share the risk of the asset in the event of a small probability.
6. Vendor risk. Vendors of leased objects should share the loss of assets in the event of malignancy in an appropriate form.
There is risk and caution.
What is a financial leasing loan
Financial leasing, as a new type of transaction in the field of financial innovation, is currently developing rapidly in the world. Financial leasing has become an important industry in the field of financial services and circulation. The following is what is a financial leasing loan shared by me, I hope it is useful to you.
What is a financial leasing loan
Financial leasing loan is:
Refers to the fact that because there are industries in which financial leasing companies can not be involved, so in the structure of the transaction with the bank, the financial leasing company will be the money to the bank, the bank and then in the form of a loan to the customer one or more times lending, the customer to the financial leasing company to return the rent.
Financial leasing:
(1) also known as equipment leasing (EquipmentLeasing) or modern leasing (ModernLeasing),
(2) refers to a lease that substantially transfers all or substantially all of the risks and rewards associated with ownership of an asset. Ownership of the asset may or may not ultimately be transferred.
Risk factors of financial leasing
The risk of financial leasing comes from many uncertainties, is multi-faceted and interrelated, in business activities, fully understand the characteristics of various risks, in order to comprehensively and scientifically analyze the risk, and formulate the appropriate countermeasures. The risk types of financial leasing are mainly the following:
Product market risk
In the market environment, whether it is financial leasing, loans or investment, as long as the funds are used for additional equipment or technological transformation, the first thing to consider is the market risk of the products produced by the leased equipment, which requires an understanding of the product sales, market share and the ability to occupy the market, the market development trend, consumer structure and the consumer's mindset. development trend, consumption structure, and consumer mentality and consumption ability. If these factors are not fully understood, the investigation is not detailed, it is possible to increase the market risk.
Financial risk
As financial leasing has financial attributes, financial risks are present throughout the business activities. For the lessor, the biggest risk is the lessee's ability to pay back the lease, which directly affects the operation and survival of the leasing company, therefore, the risk of paying back the lease from the beginning of the project should be highly concerned.
Currency payment can also be risky, especially international payment, the payment method, payment date, time, remittance channels and payment means of improper choice, will increase the risk.
Trade risk
Because financial leasing has trade attributes, risks in trade exist from ordering negotiations to trial acceptance. Due to the commodity trade in recent times the development of a more complete, the community has correspondingly established supporting institutions and preventive measures, such as letters of credit payment, transportation insurance, commodity inspection, commercial arbitration and credit counseling have taken preventive and remedial measures against risk, but due to the different degree of awareness and understanding of risk, some means and commercial nature, coupled with the lack of experience in business management and other factors, these means are not being All adopted, making trade risks still exist.
Technology risk
One of the benefits of financial leasing is the introduction of advanced technology and equipment before other enterprises. In the actual operation process, factors such as whether the technology is advanced or not, whether the advanced technology is mature or not, and whether the mature technology infringes on the rights and interests of others legally are all important reasons for technical risks. In serious cases, the equipment can be paralyzed by technical problems. Others include economic environment risk, force majeure and so on.
The basic method of financial leasing
Simple financial leasing
Simple financial leasing refers to: the lessee chooses the leased object to be purchased, the lessor leases the leased object to the lessee through the risk assessment of the leasing project. The lessee has no ownership but enjoys the right to use and is responsible for the repair and maintenance of the leased object during the entire leasing period. The lessor is not responsible for the good or bad of the leased object, and the equipment is depreciated on the lessee's side.
Leveraged financial leasing
Leveraged leasing is similar to the practice of syndicated loans, is a kind of specializing in large-scale leasing projects with tax benefits of financial leasing, mainly led by a leasing company as the backbone of the company, for a mega leasing project financing. First of all, the establishment of a leasing company from the main body of the operation of the organization - specifically for the establishment of the project funds management company to provide more than 20% of the total amount of the project, the remaining part of the source of funds is mainly absorbed by the bank and the community of idle capital, the use of 100% to enjoy the benefits of low tax "to two Bo8 The remaining part of the source of funds is mainly to absorb banks and social idle capital, and utilize the benefit of 100% low tax to "use two to win eight" leverage to obtain huge funds for the leasing project. The rest of the practice is basically the same as financial leasing, except that the complexity of the contract increases due to the wide range of issues involved. Due to the tax benefits, standardized operation, good overall efficiency, safe rental recovery and low cost, it is generally used for the financial leasing of aircraft, ships, communication equipment and large sets of equipment.
Entrusted financial leasing
One way is that the person who owns the funds or equipment entrusts the non-banking financial institution to engage in financial leasing, the first lessor is the principal at the same time, and the second lessor is the trustee at the same time. The lessor accepts the funds or the subject matter of the lease from the principal, and according to the principal's written entrustment, handles the financial leasing business to the lessee designated by the principal. The ownership of the subject matter of the lease belongs to the principal during the lease period, and the lessor only receives the handling fee and bears no risk. A major feature of this entrusted leasing is that enterprises without the right to lease business can "borrow the right" to operate. The first step is to make sure that you have the right to use your own personal computer.
The second way is that the lessor entrusts the lessee or third party to buy the leased goods, the lessor pays the money according to the contract, also known as entrusted purchase of financial leasing.
Project financial leasing
The lessee takes the project's own property and benefits as a guarantee, and signs a project financial leasing contract with the lessor, and the lessor has no recourse to the lessee's property and benefits other than the project, and the collection of rents can only be determined by the cash flow and benefits of the project. The seller (i.e., the producer of the leased item) takes this approach to marketing its products and expanding its market share through its own holding company, the Leasing Company. Communications equipment, large medical equipment, transportation equipment and even highway operating rights can be used in this way. Others include return type leasing, also known as sale and leaseback financial leasing; finance to lease, also known as sub-financial leasing and so on.
Operating lease
On the basis of the financial lease to calculate the rent more than 10% of the residual value, the end of the lease period, the lessee of the leased object can choose to renew the lease, leaseback, stay purchase. The lessor of the leased object can provide repair and maintenance, or not, accounting by the lessor of the leased object to extract depreciation.
International Finance Sublease
If the leasing company leases the leased object from other leasing companies, and then subleases it to the next lessee, this kind of business is called a finance sublease, which is generally carried out in the international arena. At this time, the business practices with simple financial leasing is not very different. The business process of leasing equipment from other leasing companies by the lessor is carried out among financial institutions, and in the actual operation, the amount of financing is determined only on the basis of the purchase contract, and there is always no direct contact with the final lessee in terms of the operation of funds for the purchase of leased objects. In the practice can be very flexible, sometimes the leasing company will even directly purchase contract as a leased asset to sign a sublease contract. This practice is actually the leasing company to finance a way of capital, the leasing company as the first lessee is not the end-user of the equipment, and therefore can not withdraw the depreciation of the leased object. Another function of the sublease is to solve the legal and operational procedures of cross-border leasing.
Direct financing
Direct financing is the supply and demand of funds through certain financial instruments to form a direct debt relationship, no financial institutions as an intermediary way of financing funds. Need to incorporate funds into the unit and the financing unit through direct agreement between the two sides of the transfer of monetary funds. The form of direct financing are: buying and selling securities, prepayment of deposits and selling goods on credit, not through banks and other financial institutions, money lending and so on. Direct financing can maximize the possibility of absorbing social capital, direct investment in the production and operation of enterprises, thus making up for the shortcomings of indirect financing.
Indirect financing
Indirect financing refers to the unit with temporarily idle money through the form of deposits, or purchase of banks, trusts, insurance and other financial institutions issued securities, will be temporarily idle funds provided to these financial intermediaries, and then by these financial institutions in the form of loans, discounting, or through the purchase of units needing funds issued securities, the funds provided to these financial intermediaries, and then by these financial institutions in the form of loans, discounting, or through the purchase of units needing funds issued securities, the funds provided to these financial intermediaries. Securities, the funds provided to these units to use, so as to realize the process of capital financing.
About financial leasing is a loan and financial leasing is a loan of the introduction to this end, I do not know you find the information you need from it?