Risk and analysis of financial leasing
Introduction: What are the risks of financial leasing? The following are relevant analysis materials, and you are welcome to read and learn.
Product market risk
In the market environment, whether it is financing lease, loan or investment, as long as the funds are used to buy equipment or carry out technical transformation, the market risk of products produced with leased equipment should be considered first, which requires understanding the sales volume, market share and quantity of products, the development trend of product market, consumption structure and consumers' mentality and spending power. If these factors are not fully understood and carefully investigated, market risks may increase.
financial risk
Due to the financial nature of financial leasing, financial risks run through the whole business activities. For the lessor, the biggest risk is the lessee's ability to return the leased property, which directly affects the operation and survival of the leasing company. Therefore, we should pay close attention to the risk of returning the leased property from the beginning of the project.
There are risks in monetary payment, especially in international payment. Improper selection of payment method, payment date, time, remittance channel and payment means will increase risks.
trade risks
Due to the trade nature of financial leasing, there are trade risks from order negotiation to trial operation acceptance. Due to the relatively complete development of modern commodity trade, the society has also established corresponding systems and preventive measures, such as letter of credit payment, transportation insurance, commodity inspection, commercial arbitration, credit consultation, etc., all of which have taken preventive and remedial measures against risks. However, due to people's different knowledge and understanding of risks, some means are commercial in nature, and lack of enterprise management experience, these means have not been fully adopted, which makes trade risks still exist.
technical risk
One advantage of financial leasing is that it introduces advanced technology and equipment before other enterprises. In the actual operation process, whether the technology is advanced, whether the advanced technology is mature, and whether the mature technology infringes on the rights and interests of others in law are all important reasons for the technical risk. In severe cases, the equipment will be paralyzed due to technical problems. Others include economic and environmental risks, force majeure and so on.
1. Risk assessment system. The system should include risk assessment department, Ministry of Commerce, asset management department and other departments. It is established from the aspects of customer risk, industry risk, asset operation risk and specific project operation risk.
2. Risk assessment model. According to the industry involved in the business of its own financial leasing company, a special risk assessment model is established, including customer assessment model and seller assessment model.
3. Project inspection and tracking mechanism. Before and after the signing of the project, we should continue to follow up the project, keep abreast of the lessee's business situation, and avoid false transactions and vicious arrears.
4. Asset management. Carry out asset classification management for the projects being implemented. It is managed from the customer dimension and the lease object dimension. Ensure that customers are under monitoring and ensure the re-disposal of leased items in vicious situations such as recovery.
5. insurance. Insurance should be purchased for the leased items of the project to share the asset risks with a small probability.
6. Supplier risk. For the seller of the leased property, the loss of assets under vicious circumstances shall be shared in an appropriate form.
7. The lease scheme involves, etc. Match the project risk from the perspectives of financing period, financing ratio, repayment method and income level.
I. Business philosophy and risk control philosophy
As a financial service model, financial leasing is very different from general commodity trade in business philosophy. As a way of debt financing, financial leasing must adhere to the principle of risk control first, that is, it must seek business development under the premise of controllable risks. It is naive to think that businesses don't talk about risk control, because a successful and sustainable business must first have a system, and finding the corresponding market and business within the framework of the system is like a game, which can only be played with rules. Focus on development first, and then discuss the idea of risk control when the scale comes up, which will leave huge sequelae because of the lack of risk control in the early stage, which is never desirable.
The first risk control is also reflected in the fact that the company's risk control department has industry research, making guidance on the industry expansion direction of the company's business, and formulating different entry thresholds and risk control standards due to industry differences.
On the other hand, risk control is by no means the pursuit of zero risk. In all debt financing, zero-risk business actually does not exist. Therefore, risk control is not to control death, but to provide guidance on risk tolerance, risk control scheme and basic standards for business development, marketing and leasing scheme design.
The second is the whole process, full staff and comprehensive risk control.
Risks are everywhere, all the time. All-round risk control must be systematically designed and arranged to avoid all loopholes as far as possible.
The whole process of risk control is from business development and marketing, through due diligence, leasing scheme design, risk disclosure and evaluation, risk control scheme layout, democratic collective review at project review meeting, and one-vote veto by final approver, to post-lease asset management, compliance management and internal audit supervision. The whole leasing business operation process is risk control.
Full-time risk control means that not only front-line business personnel (account managers and project managers), second-line business risk control personnel (risk control managers), members of the evaluation committee, asset management and auditors are professionals in risk control, but also other personnel of the company pay attention to the risks of the company's business operation from different angles and different information channels. For example, financial personnel know whether the financial information of the lessee has changed from the rent collection link; Administrative personnel can also pay attention to the scattered information of enterprise customers from the media and life, and provide information for business personnel. People in the whole company are concerned about business risks, which will be more considerate and less missed than just business line employees.
Comprehensive risk control refers to industry analysis before leasing, industry risk control guidelines, risk control in project investigation, risk assessment and collective decision-making, and asset supervision after leasing (and introduction of judicial assistance), which are closely linked; Investigate, judge and supervise from the angles of finance, business, assets and income, and control the risk within the acceptable level of the company.
Establish a full-process, all-staff and all-round risk control mechanism, and form a three-dimensional dynamic risk control system of "horizontal to edge and vertical to the end".
Third, checks and balances and support among internal institutions.
1, Business Development Department. As the front desk and front-line marketing department, we should not only investigate and judge whether the lessee is credible and whether the lease is feasible, but also reveal the lease risk, initially formulate a risk control plan, and be responsible for the authenticity of the survey data and situation, which is the first basis for subsequent risk disclosure, analysis and judgment. Front-line business personnel must be highly aware that the authenticity of information plays a very important role in the whole business process operation.
2. Risk Control Department. On the one hand, it formulates the industry guidelines for the main industries of leasing business, reduces the ineffective marketing of front-line business, and puts forward the risk control standards of various industries for front-line business personnel to refer to when designing leasing schemes and risk control measures for specific projects.
On the other hand, review the compliance and safety of specific leasing projects, conduct risk disclosure, risk analysis, risk assessment and judgment, put forward supplementary suggestions on risk control measures (communicate with business departments), and put forward risk control review opinions to the review committee.
3. Lease Project Review Committee. According to the mode that the company organizes project review (non-backstage department), the review committee composed of the company's senior management, middle-level business line leaders, risk control backbones, lawyers and external industry experts (risk control specialty and the industry where the project is located) conducts independent review, independently votes to form review opinions, and decides that the project can be operated by secret ballot, with 70% approval or conditional approval.
4. Approver. According to the division of labor of the authorized general manager, the leased project with net assets below 10% will be reported to the chairman for approval, and the final approver will independently approve it. The final approver must attend the review committee to listen to opinions, and can exercise one-vote veto on the projects agreed by the review committee; Reconsideration can be organized for the project rejected by the review committee, but the lease cannot be approved for the project rejected by the review committee (and rejected by reconsideration).
5. Asset Management Department. Responsible for the dynamic real-time supervision of the security and integrity of leased assets after leasing; Rent collection; Get back the assets that can't be rented in time, and meet the premise of getting back as agreed in the contract, so as to grasp the initiative to control risks; Liquidation of market-oriented disposal of recovered assets (which can also be re-leased by business departments).
6. Audit Compliance Department. Give opinions on the compliance of system and process design in advance; Participate in the whole process (including sampling) project investigation, risk control review, meeting review and asset supervision, and supervise in the process; Conduct on-site and off-site audit and inspection of the leased project afterwards, and conduct analysis and feedback afterwards, so as to promote the improvement of enterprise operation, management and risk control, and at the same time prevent moral hazard and operational risk.
Fourth, risk control responsibility linked system.
Employee income is linked to business volume and risk. That is, half of the total income of employees in the whole company is paid in advance every month according to rank, and the other half is linked to performance, which is assessed once every six months. Of the realized income, half is realized by forming a lease relationship, and the remaining half is realized after collecting rent. For the latter half, if there is no loss in recovering the leased assets, the remaining half can only be cashed out by 50%, and if there is a loss, it will not be cashed out. In this way, every employee will turn risk control into conscious behavior in leasing operation. Of course, in the employee income distribution of the company, the employee income of the business line is higher than that of the logistics line, and the first line is higher than that of the second line, and the risk linkage ratio between the first line and the business line is also higher than that between the second line and the logistics line.
Try to follow the investment mechanism. That is, the operators of each leased project (including the project manager and his department head, the risk control specialist and his department head, the deputy general manager in charge, the general manager and the chairman, and the heads of the financial and administrative departments, etc.). ) will follow up according to their own responsibilities, and the total amount will not exceed a certain proportion (such as 5%) of the net financing amount of the leased project, so as to realize risk sharing and benefit sharing.
The risks and losses arising from the leased project shall be investigated according to the types of risks, causes, losses, criminal classification, dismissal, demotion, deduction of performance income, education, etc.
What are the characteristics of financial leasing?
The main feature of financial leasing is that the ownership of the leased property is only a form of ownership adopted by the lessor to control the risk of the lessee's repayment of rent, which may eventually be transferred to the lessee at the end of the contract. Therefore, the lessee chooses to purchase the leased property, the lessee is also responsible for its maintenance, and the lessor only provides financial services. The principle of rent calculation is: the lessor calculates the rent according to the purchase price of the leased property, the time that the lessee occupies the lessor's funds, and the interest rate agreed by both parties. It is essentially a financial transaction attached to traditional leasing, and it is a special financial instrument.
The characteristics of financial leasing are generally summarized in five aspects.
1. The leased property is determined by the lessee, and the lessor buys it at its own expense and rents it to the lessee for use. It can only be leased to one enterprise during the lease period.
Second, the lessee is responsible for the acceptance of the leased property provided by the manufacturer, and the lessor does not guarantee the quality and technical condition of the leased property.
Third, the lessor retains the ownership of the leased property, and the lessee enjoys the right to use it by paying the rent during the lease period, and is responsible for the management, repair and maintenance of the leased property during the lease period.
Once the lease contract is signed, neither party has the right to unilaterally terminate the contract during the lease period. Only when the leased property is destroyed or proved to lose its use value can the contract be terminated, and a considerable fine will be paid for breaking the contract without reason.
5. After the lease term ends, the lessee generally has two options for the lease item: to keep the lease item and to return the lease item. If it is necessary to keep the leased property, the purchase price can be determined by both parties through consultation.
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What are the main risks of financial leasing?
1, financial risk. Because of the financial nature of financial leasing, financial risks exist in the whole financing process. For the lessor, the biggest risk is the lessee's ability to repay the lease, which will affect the operation and survival of the leasing company. Therefore, from the beginning of project approval, we should pay attention to the risk of leaseback. 2. Risk of product market. Generally speaking, whether it is financing lease, loan or investment, as long as the funds are used to purchase equipment or technological transformation, we must consider the market risk of leasing equipment to produce products. This requires understanding the market, market share, market product trends, consumption structure and consumers. Mentality and spending power. If these factors are not fully understood and investigated in detail, market risks may increase. 3. Trade risks. Because financial leasing has trade characteristics, trade risks actually exist from our order negotiation, testing and acceptance. With the development of China's commodity trade, as far as the market is concerned, corresponding systems and preventive measures have been established, such as commodity inspection, credit consultation, letter of credit payment, transportation insurance and so on. , has taken remedial measures for trade risks.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 735 A financial lease contract is a contract in which the lessor purchases the lease item from the seller according to the lessee's choice of the seller and the lease item, provides it to the lessee for use, and the lessee pays the rent.
Article 736 The contents of a financial lease contract generally include the name, quantity, specifications, technical performance, inspection method, lease term, rent composition, payment term, method and currency of the lease item, and the ownership of the lease item at the expiration of the lease term.
Article 737 A financial lease contract concluded by the parties with a virtual lease item is invalid.
Article 738 Where the laws and administrative regulations stipulate that the operation and use of the lease item shall obtain an administrative license, the lessor's failure to obtain an administrative license shall not affect the validity of the financial lease contract.
Advantages and disadvantages of financial leasing
1, the benefits of financial leasing
(1) In addition to flexible financing methods, financial leasing also has the characteristics of long financing period, flexible repayment methods and low pressure. The term of funds enjoyed by enterprises through financial leasing can reach 3 years, which is much higher than that of ordinary bank loans.
(2) In terms of repayment, enterprises can choose to repay by installments according to their own conditions, which greatly reduces the short-term capital pressure and prevents the fragile capital chain of small and medium-sized enterprises from breaking.
(3) Although financial leasing is very suitable for enterprises to solve their own financing problems because of its low threshold and flexible form, it is not suitable for all small and medium-sized enterprises.
(4) Financial leasing is more suitable for manufacturing and processing enterprises. Especially those enterprises that have good sales channels and broad market prospects, but have temporary difficulties or need to purchase equipment in time to expand production scale.
2, the disadvantages of financial leasing
(1) In the market environment, whether it is financing lease, loan or investment, as long as the funds are used to purchase equipment or carry out technical transformation, the market risk of products produced with leased equipment should be considered first, which requires understanding the sales volume, market share and possession, product market development trend, consumption structure and consumer mentality and spending power. If these factors are not fully understood and carefully investigated, market risks may increase.
(2) Due to the financial nature of financial leasing, financial risks run through the whole business activities. For the lessor, the biggest risk is the lessee's ability to return the leased property, which directly affects the operation and survival of the leasing company. Therefore, we should pay close attention to the risk of returning the leased property from the beginning of the project. There are risks in monetary payment, especially in international payment. Improper selection of payment method, payment date, time, remittance channel and payment means will increase risks.
(3) Due to the trade nature of financial leasing, there are trade risks from order negotiation to trial operation acceptance. Due to the relatively complete development of modern commodity trade, the society has also established corresponding systems and preventive measures. However, due to people's different levels of knowledge and understanding of risks, some means are commercial in nature and lack of enterprise management experience, all these means have not been adopted, which makes trade risks still exist.
(4) One of the advantages of financial leasing is to introduce advanced technology and equipment before other enterprises. In the actual operation process, whether the technology is advanced, whether the advanced technology is mature, and whether the mature technology infringes on the rights and interests of others in law are all important reasons for the technical risk. In severe cases, the equipment will be paralyzed due to technical problems. Others include economic and environmental risks, force majeure and so on.
Extended data:
An essential difference between financial leasing and traditional leasing is that traditional leasing calculates the rent based on the time when the lessee leases the property, while financial leasing calculates the rent based on the time when the lessee occupies the financing cost.
It is a highly adaptable financing method when the market economy develops to a certain stage. It is a new way of trading in the United States in the 1950s. Because it adapted to the requirements of modern economic development, it developed rapidly around the world in the 1960s and 1970s. Nowadays, it has become one of the main financing methods for enterprises to update equipment, and is known as "sunrise industry".
This business model has developed rapidly for more than 30 years since it was introduced to China in the early 1980s. However, compared with developed countries, the advantages of leasing are far from being brought into play, and the market potential is great.