5 thoughts on “What is the meaning of financial leasing financial leasing”
Perry
Financial leasing, as the name suggests, is also known as the financial leasing (Financial Leasing) or Modern Leasing, which is a common operating lease that is common in daily life. The business behavior based on the lessee's designated purchase of the device to buy the device from the lessee and then rent it to the lessee and collect the rent. Financial leasing originated in the United States. Although China introduced the concept of financial leasing from Japan in the 1980s, its development was slow. It did not develop rapidly until the beginning of the 20th century. In recent years, financial leasing companies have also sprung up in China. This information The characteristics of financial leasing are generally summarized into five aspects. 1, the leased property is determined by the lessee, the lessor is invested in purchase and leased to the lessee, and can only be rented to one enterprise during the lease period. . The lessee is responsible for inspecting the leased property provided by the inspection and acceptance of the manufacturer, and the leaser of the leased property does not guarantee the lessee. three, the lessor reserves the ownership of the leased property, the lessee pays the rent during the lease, and has the right to use it, and is responsible for the management, maintenance and maintenance of the leased property during the lease period. . Once the lease contract was signed, no party had the right to unilaterally revoke the contract during the lease period. Only when the leased property is destroyed or proved to be the loss of use value, the execution of the contract can be suspended, and the destruction of the contract should be paid a considerable fine. . After the lease period is over, the lessee generally has two options: retirement and refund for leased property. If you want to pay for the purchase, the purchase price can be determined by the leasing parties. Reference information Source: Baidu Encyclopedia-Financial Leasing
Financing leasing is to indicate the request of the lessee (user) to sign a supply contract with a third party (supplier), and the supplier invested by the supplier to purchase the device selected by the lessee. In after the finance lease period, the rent is paid. The lessee fulfills all its obligations in accordance with the agreement of the financial lease contract. If the ownership of the leased property is not agreed or the agreement is not clear, it may be supplemented; if the supplementary agreement cannot be reached, the supplementary agreement shall not be reached, and the supplementary agreement shall not be reached. The relevant terms or trading habits of the contract are determined, but if it is still not determined, the ownership of the leased property is owned by the lessor.
Due to the characteristics of the combination of financing and financing, the leasing company can recover and deal with leasing when there is a problem. Therefore, the requirements for corporate credit and guarantee are not high when dealing with financing, which is very suitable for SME financing.
extension information: , The ownership of the rental asset is transferred to the lessee; (2) the lease period is most of the assets (75%or more); (3) It is equivalent to the fair value of lease starting daily assets. Reference materials Source: Baidu Encyclopedia-Financial Leasing Reference Data Source: Baidu Encyclopedia-Financial Leasing Business
The typical financing lease involved three -party relations, which include two aspects: leasing and financing. A business types are mainly divided into: direct rental and after -sales leases 1, direct rental traditional direct rental business involves the three parties, lessons, tenants, seller to fight For example: You need a washing machine that blew up. Some stores are selling this kind of washing machine, but you find that you don't have enough money to buy that washing machine at one time. At this time you see me very rich, so you signed a financial lease contract with me, let me buy the washing machine, and then rent it to you. You only need to rent me in installments, and you can use that washing machine all the time. When our lease period expires, in advance, you can generally get the ownership of this washing machine as long as you give the residual value of this washing machine. If there is no agreement, then this washing machine will return to me. This is a typical direct rental business in financial leasing. In the above example, the store is a seller, I am a lessor, you are a lessee, involving the relationship between these three parties. (The actual business relationship may be more complicated, and generally involved the intervention of the funder, the guarantor, etc.) In again to look at the definition of the "Contract Law", it is well understood (the definition of the Ministry of Commerce and the CBRC is the same as this. Similar): "The financial lease contract is a contract for the lessee to buy the leased property from the seller's choice of the seller and the leaser, provided the lessee for the lessee, and the lessee pays the rent." - " "Article 237 of the People's Republic of China" Article 237 2, after -sales lease During the after -sale after -sale, the seller and the lessee are the same person. In continued examples: You need money. You find that you have a washing machine that blew up. I am still the rich person. So you sell the washing machine to me, I will give you a lot of money, and then you sign a financial lease contract with me, and I will rent it back to you again. You continue to use the washing machine, but you have to pay me in installments (the above sales and rent have no order in order, and the real objects are not substantially transferred). After the lease period is, I will sell it back to you or I will accept it. It can be seen that most of the contents of the previous direct rental model are the same content. The main difference is that in this example, there is no store as a seller, but it becomes that you are both the seller and the rental. People, I am still a rental. The three parties involved in the two parties are together. In look at the definition of the CBRC: "The after -sale rent -to -lease business in these measures refers to the lessee selling their own objects to the lessor, at the same time signed a financial lease contract with the lessor, and then the object will be signed. The financial leasing form rented from the leaser. The after -sales lease business is a financial leasing method of the lessee and supplier for the same person. " (According to the accounting standards, in addition to being identified as a financial lease, after -sale rental returns may also be identified as operating leases, later.) mi to say two more words. In fact, after -sales lease is currently The mainstream of the domestic financial leasing business, according to the "2015 China Financial Leasing Development Report" of the Ministry of Commerce: "In 2014, my country's financial leasing enterprise added financing of 537.41 billion yuan, and the direct leasing financing accounted for 22.4%. The amount is 61.7%, and other leasing methods account for 15.9%. "I understand that the current gameplay of domestic enterprises mainly regards the financing leasing business as a financing method that simply use leasing assets as a guarantee, similar to mortgage loans. The other models such as joint leasing, commission leasing, transfer leasing, leverage leasing, project leasing, risk leasing, structural participation leasing, mixed leasing, etc. Some mixed and changes. . Conceptual analysis 1, financial leasing and operating lease (traditional lease) It just mentioned the definition of the "Contract Law", the Ministry of Commerce, and the CBRC. Guideline No. 21-Lease "has a clear definition of financing leases: Themine leases in Article 5 refers to the lease that essentially transferred all risks and remuneration related to asset ownership. Its ownership may eventually transfer or not. Itly 6 that meets the following or several standards, it shall be identified as financial leasing: 1) When the lease period expires, the ownership of the leased asset is transferred to the lessee. 2) The lessee has the right to choose a rental asset. The purchase price is expected to be far below the fair value of rental assets when exercising the right to choose. Selection right. 3) Even though the ownership of the assets does not transfer, the lease period accounts for most of the life of the leased assets (‘most’ is usually interpreted as equal to or greater than 75%). 4) The current value of the leased renter on the start of the lease starting day is almost equivalent to the fair value of the lease assets on the start of the rent; The fair value of daily rental assets ('almost equivalent to' usually interprets or greater than 90%). 5) The nature of leased assets is special. If it does not make a large transformation, only the lessee can be used. The operating lease refers to the leasing other than financial leasing Pet specific differential comparison above 1) -5), one is the financial leasing Expand. (So after -sales leases can meet the above conditions to be identified as financial leasing; otherwise it will be identified as operating rental and accounts for accounting according to operating leases.) wants to talk about two important differences: 1) Traditional leases calculate the rent based on the time of leasing the leasing of the lease, and the financing lease is calculated at the time of the lessee to occupy the financing cost. (Because the tradition of the traditional leasing leasing is mainly to have a product and want to rent a profit; the leasing of the financial leasing generally does not have products, but only provides financial support, and wants to get interest returns.) If it is operating rental, in essence, I will rent a piece of item (washing machine) I have to you. I may have this washing machine before the rent, but I do n’t want to use it to earn it. ; It may also be that I have been engaged in the business of washing machine rental. I bought a bunch of washing machines only to make money for rent ... But no matter what, I actually want to make money by "renting items", and you actually want to rent Get the assets you want. Among them, the rent is calculated based on the time you occupy my washing machine. . Financial leasing is essentially I "borrow money" to give you. In fact, what you want to buy, I have nothing to say, I did n’t have anything to have money, I just helped you use this money to buy a washing machine and rent it to you use. Your rents are essentially occupied the cost of financing for you. The calculation of the rent is based on your occupation of my funds (the money for the washing machine). Calculated based on. although I was "rent" a washing machine for you in the end, but at the beginning, I bought the washing machine differently (one was to buy it myself, and the other was that you called me to buy it). If financial leasing is essentially financial transactions. It is "financing" (purpose) "lease" (means) 2) In the operation lease, the lessor must not only provide the lessee with the right to use equipment, but also need Provide the lessee with equipment maintenance, insurance, maintenance and other specialized technical services; lessons in financial leasing do not need to provide this service. (The equipment in financial leasing is not originally a lessor, of course, generally does not need to provide maintenance services.) is still for examples: , I transferred the right to use the washing machine. At the same time, I also have to bear the obligations such as the maintenance, insurance, and maintenance of the washing machine. One day the washing machine was broken. To. but in the financial leasing business, although the ownership of the washing machine is mine, but I buy the washing machine you want to rent according to your request, so I have no responsibility for it, and I don’t need to bear maintenance. Obligations (leases responsible for maintenance are called net rental). As long as I guarantee that this thing is handed in your hands, you can have the right to use. (In addition, the tax law only acknowledges that the operating lease is a real lease, and the lease fee can be replaced; however, the lease fee for financial leasing cannot be taxed, and it can only be extracted and depreciated according to the general assets. How to pay taxes is another complex. The topic is the topic, let's talk about it later) 2, financial leasing and installment payment (Sorry here, I did not study it carefully when I wrote this paragraph. When the contract law and related documents, it is learned that the seller in installments can retain ownership in installments. I still retain the original answer as a popular distinguished distinguished. The main differences: You get ownership in installments, but the ownership of the financial lease is still in the hands of the lessor, and you only get the right to use.
It continues: The installment payment is to discuss with the store to sell the washing machine to you. You only need to put the money to the store in installments, and this washing machine will return to you. At this time, you not only have the right to use, you still have the ownership of this washing machine. but in the financial leasing, although I also want to sell the washing machine for you, I also hope that you will not be so staged to give me money in installments, but I am afraid that you will not pay back my money after taking the washing machine. So I will retain this ownership, and then "pretend" to use it in the name of rent. When you pay back the money, then transfer the ownership; once you can't afford the money, I am still the owner of this washing machine, you can take the washing machine Come back to make up for the loss. (This is the cause of financing leasing, retain ownership as a means to control risks) (here I introduce the installment payment and ownership reservation in detail) 1) In installments "Contract Law" The installment payment contract is considered as a special contract in the sale contract, which is suitable for the provisions of the buy and selling contract. The interpretation of the "Supreme People's Court on the Application of Legal Issues on the Application of Trading Contract Disputes" (hereinafter referred to as the "Interpretation of the Judicial Interpretation of a Sale"): "Article 167 of the Contract Law A staged 'installment payment' means that the buyer will pay the total price of the payable to the seller at least three times in a certain period of time. " thus obtained the simple definition of installment payment, at least divided into dividends Only three payment can be applied to the provisions of the "Contract Law" in installments. If the "Contract Law" also stipulates the default of installment payment, according to Article 167 of the Contract Law: For one -fifth, the seller may ask the buyer to pay the entire price (the buyer loses the term benefits) or terminates the contract. If the seller is terminated The use fee. "" If the parties have no agreement on the use fee for the subject matter, the people's court may refer to the rent standards of similar local subject matter. " The regulations on the termination of the contract are actually to ensure the realization of the seller's creditor's rights, because installment payment is actually equivalent to granting buyers' credit. As a way to sell The transfer of ownership is unable to be used as a guarantee. It, the provisions of the "one -fifth of the five -fifth" of the regulations are also a kind of protection for buyers to avoid the seller's abuse of the regulations. In this regard, Article 38 of the "Interpretation of the Sales Contract" also further stipulates: "The agreement on installment payment and sales contract violates the provisions of Article 167 of the Contract Law, and harms the interests of the buyer. If it is invalid, the people's court should support it. " 2) The ownership of the installment payment I due to the provisions that are suitable for buying and selling contracts due to installment payment, according to Article 133 and 134 of the Contract Law: (Article 133) The ownership of the subject matter is transferred to the transfer of the ownership of the subject, except for the law or otherwise provided by the law or other parties. The ownership belongs to the seller. " From this we can see that installment payment can also transfer the ownership according to the agreed between the two parties, but the regulations are not applicable to the real estate, because according to Article 34 of the" Judicial Interpretation of the Sale Contract ":" Trading and selling and selling Contract parties advocate that Article 134 of the Contract Law on the reservation of the ownership of the subject matter is applicable to the non -motionless property, the people's court will not support it. " Terms, the ownership of the real estate is transferred from the registration. The ownership of the installment payment, it seems that the difference between the above and the financial leasing is not established, but the difference between the two and the biggest distinction point of the two seems to be in detail. A simple thing, so I still wait for the details to study it in detail before replenishing the modification. The literature has compared it from the following aspects: "The ownership of the subject matter is different after the contract expires, and the ownership is different; "Qualification supervision requirements are different" (Ouyang Liangming. Comparison of my country's financial lease contract and installment contract for reserved ownership. "Legal System and Society". 201 (10): 97-98). Of course, there are a few points that I do n’t agree with it. For example, the subjective intentions for treating rights and transactions are actually very difficult to define, but I have not found other documents for the time being. Let ’s refer to it before discussing it. 3, after -sales lease and mortgage loan If financing after -sales leases are very similar to mortgage loans, especially from the goal, they are to obtain financing; after -sales rental assets Inspection of loans. This topic is very big. I only talk about a simple difference. The after -sales lease business transferred ownership. The mortgage loan only set up the mortgage right for example, and the example of the washing machine: The washing machine that was fried, so you found the bank and asked the bank to borrow money for you. As a guarantee, when you mortgaged the washing machine to the bank, when you could not afford the debt, the bank had the right to sell your washing machine to debt. At this time, the ownership of the washing machine is still yours. You and the bank are just a debt relationship. The bank only gets the mortgage right of the washing machine. The after -sales lease, see the concept explanation above. In short, you directly sold the washing machine to the financial leasing company to get funds and transfer the ownership. The comparison above, there are many differences in details. I only list a few to strengthen the understanding of the concept. Please find the rest of the differences. In the above description, we can see what the basic characteristics of financial leasing are. Two more words, although the previous examples have repeatedly mentioned that the financial leasing company is a fund provider that satisfies your financing. In fact, the funds of the financial leasing company are generally not their own funds, but they will find more financing channels to support it to support This business. At present, most of the funds of my country's financial leasing enterprises are derived from bank loans. Because the business has actual value assets and has a stable cash flow (rent), in the future, combined with other businesses can actually open up multiple financing channels, such as combining the channel business with the bank, factoring, trust, insurance capital, and capital capital,, capital, capital, capital, and capital capital,, capital, capital capital, capital, capital, capital, capital, capital, and capital capital, and capital capital, capital, capital, and capital capital, and capital capital, and capital capital, capital, capital, and capital capital, and capital capital, capital, and capital capital, and capital capital, capital, and capital capital, and capital, capital, and capital capital. Asset securitization and so on, of course, this is the last word; there is also one point that is also the current foreign financial leasing company that can use foreign debt quotas to use overseas low -cost funds for the release of domestic projects (this is estimated to be developed so fast that foreign financial leasing companies have developed so fast so fast The reason is that people who know deeply in this area can talk). . Category of Chinese financial leasing enterprises This is that there are still many people who don't know the difference between financial leasing and financial leasing. In fact, in China, the above two types of companies are operating financial leasing business , It's just that the company type is different, here is briefly talked about. If according to the nature of the company, my country's financial leasing enterprises are divided into three categories (data source: the Ministry of Commerce "2015 China Financial Leasing Development Report"): 1, financial leasing enterprises: referring to the approval of the CBRC to operate with operations with operations with operations, with operational operations with operations with operations with operations with operations with operations with operations with operations. Non -bank financial institutions, which are dominated by financial leasing business. Regarding the supervision of the CBRC, the specific regulations shall be in accordance with the "Administrative Measures for Financial Leasing Company". Most of these companies are bank backgrounds. The advantages of shareholders' funds are obvious. The number is not large. As of the end of 2015, there are 49, but the business scale is huge, occupying nearly half of the market share in the leasing business. 2. Foreign financing leasing company: refers to a financial leasing company invested by foreign investment. Regarding the supervision of the Ministry of Commerce, the specific regulations shall refer to the "Administrative Measures for Foreign Investment and Rental Industry". Due to the relatively diversified financing channels, strong capital strength, strong business capabilities, and the largest number of enterprises, the number of enterprises accounted for more than 90%. 3, domestic financial leasing company: refers to the financial leasing company of domestic funds. The supervision of the Ministry of Commerce shall refer to the "Measures for the Supervision and Management of Financing Leasing Enterprises". If according to the shareholders' background, it can be divided into three categories (*Reference materials: the "Research Report on the 2016 China Financial Leasing Industry" of Foresight Industry Research Institute): 1, banking is a leasing company. It is represented by the financial leasing and ICBC financial leasing. It is characterized by its strong dependence on the bank. The business project comes from the bank's internal recommendation. Customers are positioned in large and medium -sized enterprises, and business is concentrated in aircraft and infrastructure. In the field of assets and low -yields, the business type is mainly based on the lease. 2, manufacturer is a rental company. Represented by Zhonglian Herocho, Siemens, Caterpillar Leasing, etc., most of the customers are concentrated in their own customers. The leasing targets are generally the manufacturer's own equipment, mainly based on the direct leasing transaction structure. In fact, it is a platform for shareholders to engage in leasing services. 3, independent third -party rental company. Represented by Far East Hongxin and Huarong Leasing, they provide customers with tailor -made financial and financial solutions including direct leasing and return leasing to meet customers' diversified and differentiated service needs. . In the end, then simply talk about when it is suitable for financial leasing. The size of the funds that can be used is small, and the requirements for the credit and guarantee of borrowing are relatively high (small and medium -sized enterprises). At this time, there is no way to complete the need to complete the purchase at one time, and it can be satisfied by financial leasing (of course, interest rates may also be higher than ordinary bank credit).
What is lease n00:00 / 02: 5670% shortcut keys to describe space: Play / pause ESC: Exit full screen ↑: increase volume 10% ↓: decreases by 10% →: Single fast forward 5 seconds studio Here you can drag no longer appear in the player settings to reopen the small window shortcut key description
Financial leasing is currently the most common and basic non -bank financial form in the world. It refers to the leaser's request to set up a supply contract with a third party (supplier) according to the request of the lessee (user). Based on this contract, the lessor contributes to the supplier to purchase the device selected by the lessee. n00:00 / 01: 3270% shortcut keys to describe space: Play / pause ESC: Exit full screen ↑: increase volume 10% ↓: decreases by 10% →: Single fast forward 5 seconds studio Here you can drag no longer appear in the player settings to reopen the small window shortcut key description
Financial leasing, as the name suggests, is also known as the financial leasing (Financial Leasing) or Modern Leasing, which is a common operating lease that is common in daily life.
The business behavior based on the lessee's designated purchase of the device to buy the device from the lessee and then rent it to the lessee and collect the rent. Financial leasing originated in the United States. Although China introduced the concept of financial leasing from Japan in the 1980s, its development was slow. It did not develop rapidly until the beginning of the 20th century. In recent years, financial leasing companies have also sprung up in China.
This information
The characteristics of financial leasing are generally summarized into five aspects.
1, the leased property is determined by the lessee, the lessor is invested in purchase and leased to the lessee, and can only be rented to one enterprise during the lease period.
. The lessee is responsible for inspecting the leased property provided by the inspection and acceptance of the manufacturer, and the leaser of the leased property does not guarantee the lessee.
three, the lessor reserves the ownership of the leased property, the lessee pays the rent during the lease, and has the right to use it, and is responsible for the management, maintenance and maintenance of the leased property during the lease period.
. Once the lease contract was signed, no party had the right to unilaterally revoke the contract during the lease period. Only when the leased property is destroyed or proved to be the loss of use value, the execution of the contract can be suspended, and the destruction of the contract should be paid a considerable fine.
. After the lease period is over, the lessee generally has two options: retirement and refund for leased property. If you want to pay for the purchase, the purchase price can be determined by the leasing parties.
Reference information Source: Baidu Encyclopedia-Financial Leasing
Financing leasing is to indicate the request of the lessee (user) to sign a supply contract with a third party (supplier), and the supplier invested by the supplier to purchase the device selected by the lessee.
In after the finance lease period, the rent is paid. The lessee fulfills all its obligations in accordance with the agreement of the financial lease contract. If the ownership of the leased property is not agreed or the agreement is not clear, it may be supplemented; if the supplementary agreement cannot be reached, the supplementary agreement shall not be reached, and the supplementary agreement shall not be reached. The relevant terms or trading habits of the contract are determined, but if it is still not determined, the ownership of the leased property is owned by the lessor.
Due to the characteristics of the combination of financing and financing, the leasing company can recover and deal with leasing when there is a problem. Therefore, the requirements for corporate credit and guarantee are not high when dealing with financing, which is very suitable for SME financing.
extension information:
, The ownership of the rental asset is transferred to the lessee;
(2) the lease period is most of the assets (75%or more);
(3) It is equivalent to the fair value of lease starting daily assets.
Reference materials Source: Baidu Encyclopedia-Financial Leasing
Reference Data Source: Baidu Encyclopedia-Financial Leasing Business
I. Concept Explanation
The typical financing lease involved three -party relations, which include two aspects: leasing and financing.
A business types are mainly divided into: direct rental and after -sales leases
1, direct rental
traditional direct rental business involves the three parties, lessons, tenants, seller
to fight For example:
You need a washing machine that blew up. Some stores are selling this kind of washing machine, but you find that you don't have enough money to buy that washing machine at one time. At this time you see me very rich, so you signed a financial lease contract with me, let me buy the washing machine, and then rent it to you. You only need to rent me in installments, and you can use that washing machine all the time. When our lease period expires, in advance, you can generally get the ownership of this washing machine as long as you give the residual value of this washing machine. If there is no agreement, then this washing machine will return to me.
This is a typical direct rental business in financial leasing.
In the above example, the store is a seller, I am a lessor, you are a lessee, involving the relationship between these three parties. (The actual business relationship may be more complicated, and generally involved the intervention of the funder, the guarantor, etc.)
In again to look at the definition of the "Contract Law", it is well understood (the definition of the Ministry of Commerce and the CBRC is the same as this. Similar):
"The financial lease contract is a contract for the lessee to buy the leased property from the seller's choice of the seller and the leaser, provided the lessee for the lessee, and the lessee pays the rent." - " "Article 237 of the People's Republic of China" Article 237
2, after -sales lease
During the after -sale after -sale, the seller and the lessee are the same person.
In continued examples:
You need money. You find that you have a washing machine that blew up. I am still the rich person. So you sell the washing machine to me, I will give you a lot of money, and then you sign a financial lease contract with me, and I will rent it back to you again. You continue to use the washing machine, but you have to pay me in installments (the above sales and rent have no order in order, and the real objects are not substantially transferred). After the lease period is, I will sell it back to you or I will accept it.
It can be seen that most of the contents of the previous direct rental model are the same content. The main difference is that in this example, there is no store as a seller, but it becomes that you are both the seller and the rental. People, I am still a rental. The three parties involved in the two parties are together.
In look at the definition of the CBRC:
"The after -sale rent -to -lease business in these measures refers to the lessee selling their own objects to the lessor, at the same time signed a financial lease contract with the lessor, and then the object will be signed. The financial leasing form rented from the leaser. The after -sales lease business is a financial leasing method of the lessee and supplier for the same person. "
(According to the accounting standards, in addition to being identified as a financial lease, after -sale rental returns may also be identified as operating leases, later.)
mi to say two more words. In fact, after -sales lease is currently The mainstream of the domestic financial leasing business, according to the "2015 China Financial Leasing Development Report" of the Ministry of Commerce: "In 2014, my country's financial leasing enterprise added financing of 537.41 billion yuan, and the direct leasing financing accounted for 22.4%. The amount is 61.7%, and other leasing methods account for 15.9%. "I understand that the current gameplay of domestic enterprises mainly regards the financing leasing business as a financing method that simply use leasing assets as a guarantee, similar to mortgage loans.
The other models such as joint leasing, commission leasing, transfer leasing, leverage leasing, project leasing, risk leasing, structural participation leasing, mixed leasing, etc. Some mixed and changes.
. Conceptual analysis
1, financial leasing and operating lease (traditional lease)
It just mentioned the definition of the "Contract Law", the Ministry of Commerce, and the CBRC. Guideline No. 21-Lease "has a clear definition of financing leases:
Themine leases in Article 5 refers to the lease that essentially transferred all risks and remuneration related to asset ownership. Its ownership may eventually transfer or not.
Itly 6 that meets the following or several standards, it shall be identified as financial leasing:
1) When the lease period expires, the ownership of the leased asset is transferred to the lessee.
2) The lessee has the right to choose a rental asset. The purchase price is expected to be far below the fair value of rental assets when exercising the right to choose. Selection right.
3) Even though the ownership of the assets does not transfer, the lease period accounts for most of the life of the leased assets (‘most’ is usually interpreted as equal to or greater than 75%).
4) The current value of the leased renter on the start of the lease starting day is almost equivalent to the fair value of the lease assets on the start of the rent; The fair value of daily rental assets ('almost equivalent to' usually interprets or greater than 90%).
5) The nature of leased assets is special. If it does not make a large transformation, only the lessee can be used.
The operating lease refers to the leasing other than financial leasing
Pet specific differential comparison above 1) -5), one is the financial leasing Expand. (So after -sales leases can meet the above conditions to be identified as financial leasing; otherwise it will be identified as operating rental and accounts for accounting according to operating leases.)
wants to talk about two important differences:
1) Traditional leases calculate the rent based on the time of leasing the leasing of the lease, and the financing lease is calculated at the time of the lessee to occupy the financing cost. (Because the tradition of the traditional leasing leasing is mainly to have a product and want to rent a profit; the leasing of the financial leasing generally does not have products, but only provides financial support, and wants to get interest returns.)
If it is operating rental, in essence, I will rent a piece of item (washing machine) I have to you. I may have this washing machine before the rent, but I do n’t want to use it to earn it. ; It may also be that I have been engaged in the business of washing machine rental. I bought a bunch of washing machines only to make money for rent ... But no matter what, I actually want to make money by "renting items", and you actually want to rent Get the assets you want. Among them, the rent is calculated based on the time you occupy my washing machine.
. Financial leasing is essentially I "borrow money" to give you. In fact, what you want to buy, I have nothing to say, I did n’t have anything to have money, I just helped you use this money to buy a washing machine and rent it to you use. Your rents are essentially occupied the cost of financing for you. The calculation of the rent is based on your occupation of my funds (the money for the washing machine). Calculated based on.
although I was "rent" a washing machine for you in the end, but at the beginning, I bought the washing machine differently (one was to buy it myself, and the other was that you called me to buy it).
If financial leasing is essentially financial transactions. It is "financing" (purpose) "lease" (means)
2) In the operation lease, the lessor must not only provide the lessee with the right to use equipment, but also need Provide the lessee with equipment maintenance, insurance, maintenance and other specialized technical services; lessons in financial leasing do not need to provide this service. (The equipment in financial leasing is not originally a lessor, of course, generally does not need to provide maintenance services.)
is still for examples:
, I transferred the right to use the washing machine. At the same time, I also have to bear the obligations such as the maintenance, insurance, and maintenance of the washing machine. One day the washing machine was broken. To.
but in the financial leasing business, although the ownership of the washing machine is mine, but I buy the washing machine you want to rent according to your request, so I have no responsibility for it, and I don’t need to bear maintenance. Obligations (leases responsible for maintenance are called net rental). As long as I guarantee that this thing is handed in your hands, you can have the right to use.
(In addition, the tax law only acknowledges that the operating lease is a real lease, and the lease fee can be replaced; however, the lease fee for financial leasing cannot be taxed, and it can only be extracted and depreciated according to the general assets. How to pay taxes is another complex. The topic is the topic, let's talk about it later)
2, financial leasing and installment payment
(Sorry here, I did not study it carefully when I wrote this paragraph. When the contract law and related documents, it is learned that the seller in installments can retain ownership in installments. I still retain the original answer as a popular distinguished distinguished.
The main differences: You get ownership in installments, but the ownership of the financial lease is still in the hands of the lessor, and you only get the right to use.
It continues:
The installment payment is to discuss with the store to sell the washing machine to you. You only need to put the money to the store in installments, and this washing machine will return to you. At this time, you not only have the right to use, you still have the ownership of this washing machine.
but in the financial leasing, although I also want to sell the washing machine for you, I also hope that you will not be so staged to give me money in installments, but I am afraid that you will not pay back my money after taking the washing machine. So I will retain this ownership, and then "pretend" to use it in the name of rent. When you pay back the money, then transfer the ownership; once you can't afford the money, I am still the owner of this washing machine, you can take the washing machine Come back to make up for the loss.
(This is the cause of financing leasing, retain ownership as a means to control risks)
(here I introduce the installment payment and ownership reservation in detail)
1) In installments
"Contract Law" The installment payment contract is considered as a special contract in the sale contract, which is suitable for the provisions of the buy and selling contract.
The interpretation of the "Supreme People's Court on the Application of Legal Issues on the Application of Trading Contract Disputes" (hereinafter referred to as the "Interpretation of the Judicial Interpretation of a Sale"):
"Article 167 of the Contract Law A staged 'installment payment' means that the buyer will pay the total price of the payable to the seller at least three times in a certain period of time. "
thus obtained the simple definition of installment payment, at least divided into dividends Only three payment can be applied to the provisions of the "Contract Law" in installments.
If the "Contract Law" also stipulates the default of installment payment, according to Article 167 of the Contract Law:
For one -fifth, the seller may ask the buyer to pay the entire price (the buyer loses the term benefits) or terminates the contract.
If the seller is terminated The use fee. "" If the parties have no agreement on the use fee for the subject matter, the people's court may refer to the rent standards of similar local subject matter. " The regulations on the termination of the contract are actually to ensure the realization of the seller's creditor's rights, because installment payment is actually equivalent to granting buyers' credit. As a way to sell The transfer of ownership is unable to be used as a guarantee.
It, the provisions of the "one -fifth of the five -fifth" of the regulations are also a kind of protection for buyers to avoid the seller's abuse of the regulations. In this regard, Article 38 of the "Interpretation of the Sales Contract" also further stipulates: "The agreement on installment payment and sales contract violates the provisions of Article 167 of the Contract Law, and harms the interests of the buyer. If it is invalid, the people's court should support it. "
2) The ownership of the installment payment
I due to the provisions that are suitable for buying and selling contracts due to installment payment, according to Article 133 and 134 of the Contract Law: (Article 133) The ownership of the subject matter is transferred to the transfer of the ownership of the subject, except for the law or otherwise provided by the law or other parties. The ownership belongs to the seller. "
From this we can see that installment payment can also transfer the ownership according to the agreed between the two parties, but the regulations are not applicable to the real estate, because according to Article 34 of the" Judicial Interpretation of the Sale Contract ":" Trading and selling and selling Contract parties advocate that Article 134 of the Contract Law on the reservation of the ownership of the subject matter is applicable to the non -motionless property, the people's court will not support it. " Terms, the ownership of the real estate is transferred from the registration.
The ownership of the installment payment, it seems that the difference between the above and the financial leasing is not established, but the difference between the two and the biggest distinction point of the two seems to be in detail. A simple thing, so I still wait for the details to study it in detail before replenishing the modification.
The literature has compared it from the following aspects: "The ownership of the subject matter is different after the contract expires, and the ownership is different; "Qualification supervision requirements are different" (Ouyang Liangming. Comparison of my country's financial lease contract and installment contract for reserved ownership. "Legal System and Society". 201 (10): 97-98). Of course, there are a few points that I do n’t agree with it. For example, the subjective intentions for treating rights and transactions are actually very difficult to define, but I have not found other documents for the time being. Let ’s refer to it before discussing it.
3, after -sales lease and mortgage loan
If financing after -sales leases are very similar to mortgage loans, especially from the goal, they are to obtain financing; after -sales rental assets Inspection of loans. This topic is very big. I only talk about a simple difference.
The after -sales lease business transferred ownership. The mortgage loan only set up the mortgage right
for example, and the example of the washing machine:
The washing machine that was fried, so you found the bank and asked the bank to borrow money for you. As a guarantee, when you mortgaged the washing machine to the bank, when you could not afford the debt, the bank had the right to sell your washing machine to debt. At this time, the ownership of the washing machine is still yours. You and the bank are just a debt relationship. The bank only gets the mortgage right of the washing machine.
The after -sales lease, see the concept explanation above. In short, you directly sold the washing machine to the financial leasing company to get funds and transfer the ownership.
The comparison above, there are many differences in details. I only list a few to strengthen the understanding of the concept. Please find the rest of the differences.
In the above description, we can see what the basic characteristics of financial leasing are. Two more words, although the previous examples have repeatedly mentioned that the financial leasing company is a fund provider that satisfies your financing. In fact, the funds of the financial leasing company are generally not their own funds, but they will find more financing channels to support it to support This business. At present, most of the funds of my country's financial leasing enterprises are derived from bank loans. Because the business has actual value assets and has a stable cash flow (rent), in the future, combined with other businesses can actually open up multiple financing channels, such as combining the channel business with the bank, factoring, trust, insurance capital, and capital capital,, capital, capital, capital, and capital capital,, capital, capital capital, capital, capital, capital, capital, capital, and capital capital, and capital capital, capital, capital, and capital capital, and capital capital, and capital capital, capital, capital, and capital capital, and capital capital, capital, and capital capital, and capital capital, capital, and capital capital, and capital, capital, and capital capital. Asset securitization and so on, of course, this is the last word; there is also one point that is also the current foreign financial leasing company that can use foreign debt quotas to use overseas low -cost funds for the release of domestic projects (this is estimated to be developed so fast that foreign financial leasing companies have developed so fast so fast The reason is that people who know deeply in this area can talk).
. Category of Chinese financial leasing enterprises
This is that there are still many people who don't know the difference between financial leasing and financial leasing. In fact, in China, the above two types of companies are operating financial leasing business , It's just that the company type is different, here is briefly talked about.
If according to the nature of the company, my country's financial leasing enterprises are divided into three categories (data source: the Ministry of Commerce "2015 China Financial Leasing Development Report"):
1, financial leasing enterprises: referring to the approval of the CBRC to operate with operations with operations with operations, with operational operations with operations with operations with operations with operations with operations with operations with operations. Non -bank financial institutions, which are dominated by financial leasing business. Regarding the supervision of the CBRC, the specific regulations shall be in accordance with the "Administrative Measures for Financial Leasing Company". Most of these companies are bank backgrounds. The advantages of shareholders' funds are obvious. The number is not large. As of the end of 2015, there are 49, but the business scale is huge, occupying nearly half of the market share in the leasing business.
2. Foreign financing leasing company: refers to a financial leasing company invested by foreign investment. Regarding the supervision of the Ministry of Commerce, the specific regulations shall refer to the "Administrative Measures for Foreign Investment and Rental Industry". Due to the relatively diversified financing channels, strong capital strength, strong business capabilities, and the largest number of enterprises, the number of enterprises accounted for more than 90%.
3, domestic financial leasing company: refers to the financial leasing company of domestic funds. The supervision of the Ministry of Commerce shall refer to the "Measures for the Supervision and Management of Financing Leasing Enterprises".
If according to the shareholders' background, it can be divided into three categories (*Reference materials: the "Research Report on the 2016 China Financial Leasing Industry" of Foresight Industry Research Institute):
1, banking is a leasing company. It is represented by the financial leasing and ICBC financial leasing. It is characterized by its strong dependence on the bank. The business project comes from the bank's internal recommendation. Customers are positioned in large and medium -sized enterprises, and business is concentrated in aircraft and infrastructure. In the field of assets and low -yields, the business type is mainly based on the lease.
2, manufacturer is a rental company. Represented by Zhonglian Herocho, Siemens, Caterpillar Leasing, etc., most of the customers are concentrated in their own customers. The leasing targets are generally the manufacturer's own equipment, mainly based on the direct leasing transaction structure. In fact, it is a platform for shareholders to engage in leasing services.
3, independent third -party rental company. Represented by Far East Hongxin and Huarong Leasing, they provide customers with tailor -made financial and financial solutions including direct leasing and return leasing to meet customers' diversified and differentiated service needs.
. In the end, then simply talk about when it is suitable for financial leasing. The size of the funds that can be used is small, and the requirements for the credit and guarantee of borrowing are relatively high (small and medium -sized enterprises). At this time, there is no way to complete the need to complete the purchase at one time, and it can be satisfied by financial leasing (of course, interest rates may also be higher than ordinary bank credit).
What is lease
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Financial leasing is currently the most common and basic non -bank financial form in the world. It refers to the leaser's request to set up a supply contract with a third party (supplier) according to the request of the lessee (user). Based on this contract, the lessor contributes to the supplier to purchase the device selected by the lessee.
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