This is normal.
For financial leasing, financial leasing is also a kind of loan, and financial leasing is a kind of loan with collateral. Financing leases are financing loans issued by finance companies. Because it is a loan. Therefore, financial leasing is also a credit report at the meeting, and the financial leasing loan service will be directly displayed on the credit report.
Like bank loans, financial leasing adopts the interest calculation method of "paying interest with principal". This method is to calculate the interest that the customer should pay according to the actual occupation time of the borrowed funds. In other words, after the customer repays part of the funds, the interest paid by the customer will also decrease with the decrease of the actual bank (company) funds. From this perspective, financial leasing and bank loans are the same. Compared with bank loans, financial leasing mainly charges more service fees and nominal commodity prices. The service fee is the rental amount multiplied by the service rate, and the nominal price is the rental amount multiplied by the nominal price rate. The service fee will be charged in one lump sum at the initial stage of project implementation.
Is financial leasing a loan in law?
1. Is financial leasing a loan?
At present, there are no laws and regulations on financial leasing in China.
Academic circles have not yet formed a unified or more consistent definition of this. According to the working practice and the spirit of the international financial leasing convention and the draft bill being drafted by the relevant departments, the author thinks that the financial leasing contract should at least include the following contents.
Content: The lessor purchases the leased property from the supplier according to the specific requirements of the lessee and the choice of the supplier, and rents it to the lessee for use. The lessee pays the rent and obtains the lease item at the expiration of the lease term.
Ownership, renewal or return of the leased property. From its basic meaning, the financial lease contract is a new type of contract, and its main function is to finance in the form of lease.
Some scholars abroad believe that the financial lease contract has the essence of a monetary consumption loan contract (called a loan contract in China), and there are essential differences between them.
1. Differences between contract entities
fuse
The capital lease contract must be a purchase contract and a lease contract signed by three related parties (namely, the lessor, the lessee and the supplier). On the one hand, the lessor signs a supply contract with the supplier, on the other hand, it signs a supply contract with the lessee.
Lease contract, but the subject matter of the two contracts is the same, that is, the supplier obtains the payment from the lessor and gives the equipment to the lessee for use. These two contracts are independent, with different purposes and clear rights and significance.
Services are also different, but "three parties and two agreements, leasing and trade are inseparable" is the basic feature of financial leasing contracts. Even in the case of leaseback contract, although the lessee and the supplier are integrated, they are two different.
Appear with the target. The loan contract only involves the lender and the borrower, not the third party.
2. The difference between the objects of legal relationship
Judging from the subject matter, the subject matter of a loan contract is capital.
Gold is a contract to borrow money and pay back money; The object of financial leasing contract is the leased property, which is a contract that replaces financing with financial property and organically combines borrowing money and borrowing things. "Property", that is, equipment, must appear in the financial lease contract.
Means of transport, etc. Not only "assets", but without "things", it is not a financial lease contract, and according to the International Convention on Financial Leasing and relevant foreign laws, such things are limited to a certain range and cannot be consumer goods.
Or household goods, etc.
Judging from the behavior of realizing the contract, the performance of the loan contract is realized by the lender transferring the management right of funds (including the right of possession, use, income and disposal) to the borrower, because
Therefore, after the borrower obtains the loan from the lender, if it is used to purchase the equipment, of course, it enjoys the ownership of the purchased equipment, and its use and income are based on the management right, which has nothing to do with the lender; The borrower only needs to return the loan when it is due.
The principal and interest can be paid, and there is no obligation to return the purchased equipment when the loan expires. In the financial lease contract, we can't ignore the existence of the use relationship of things, which is realized through the separation of ownership and use right.
The ownership of the subject matter belongs to the lessor, and the lessee only obtains the possession, use and income rights of the equipment. After the expiration of the lease, the lessee can obtain ownership, renew the lease or the lessor can recover the lease according to the agreement of both parties.
Things, that is, the option after the lease expires.
3. Rent and interest are calculated in different ways.
In the loan contract, the borrower should not only return the loan principal to the lender as agreed in the contract, but also pay interest and profit.
In addition to the contract, the calculation of interest must also conform to the bank loan interest rate range stipulated by the state, otherwise the excess part will be invalid, and the principal will be paid off in one lump sum when the contract expires. In the financial lease contract, the lessee pays the lessor
What is paid is rent, and the arrangement of rent is far more complicated than simple debt service. Its calculation includes the recovery of total costs such as equipment price, financing interest and bank charges, as well as the operating expenses and profits of the lessor such as handling fees and insurance premiums.
Rundeng also has additional rate method and annuity method (which can be divided into equal annuity method, variable annuity method and cost recovery method). The rent is generally paid in installments, equal or unequal, and the rent is one time.
Generally higher than the principal and interest of bank loans in the same period.
4. Different starting periods
The loan term in a loan contract is generally calculated from the time the loan is in place; In financial leasing, when signing the contract, both parties agree to take the opening date, bill of lading date, final payment date, arrival date at the lessee's factory or acceptance date as the lease start date.
Judging from the comparison of the above legal characteristics, lending is a financial activity and should be adjusted by financial laws and regulations. Therefore, the trial of loan contracts mainly applies to economic contract law and financial regulations; As far as its function is concerned, financial leasing not only has the nature of leasing contract, but also has the functions of buying and selling, financing and guarantee. Therefore, in the trial of financial leasing contract cases, not only the economic contract law and financial laws and regulations, but also the laws and regulations on health, intellectual property, transportation, insurance, taxation and so on should be applied.
Second, the risk of financial leasing
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, establish special risk assessment models, 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.
There are risks and need to be cautious.
What is a financial lease loan?
As a new transaction mode in the field of financial innovation, financial leasing is developing rapidly all over the world. Financial leasing has become an important industry in the field of financial services and circulation. The following is my sharing, I hope it will be useful to you.
What is a financial lease loan?
Financing lease loans are:
It means that because some financial leasing companies can't set foot in certain industries, a bank is added to the transaction structure. The financial leasing company pays the money to the bank, and the bank lends it to the customer one or more times in the form of loans, and the customer repays the rent to the financial leasing company.
Financing lease:
(1) is also called equipment leasing or modern leasing.
(2) refers to the lease that substantially transfers all or most of the risks and rewards related to the ownership of assets. The ownership of assets may or may not be transferred eventually.
Risk factors of financial leasing
The risk of financial leasing comes from many uncertain factors, which are various and interrelated. Only by fully understanding the characteristics of various risks in business activities can we comprehensively and scientifically analyze risks and formulate corresponding countermeasures. The risk types of financial leasing mainly include the following:
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.
Basic methods of financial leasing
Simple financing lease
Simple financial leasing refers to the lessee's choice of the leased property to be purchased, and the lessor rents the leased property to the lessee after evaluating the risk of the leased property. During the whole lease period, the lessee has no ownership, but enjoys the right to use, and is responsible for repairing and maintaining the leased items. The lessor is not responsible for the quality of the leased property, and the depreciation of the equipment shall be borne by the lessee.
Leveraged lease financing
Leveraged leasing, similar to syndicated loans, is a kind of financial leasing with tax incentives, mainly led by a leasing company as a backbone company to finance a super-large leasing project. First, set up an operating organization independent of the main body of the leasing company-set up a fund management company for this project to provide more than 20% of the total project amount, and the rest of the funds mainly come from absorbing idle hot money from banks and society, and use the leverage of "two treasures and eight treasures" to enjoy the low tax revenue of 100% to obtain huge funds for the leasing project. Other practices are basically the same as financial leasing, but the complexity of the contract increases because of its wide coverage. Because it can enjoy preferential tax, standardized operation, good comprehensive benefit, safe rent recovery and low cost, it is generally used for financial leasing of aircraft, ships, communication equipment and large complete sets of equipment.
Entrusted financing lease
One way is that the owner of funds or equipment entrusts a non-bank financial institution to engage in financial leasing, and the first lessor is also the principal and the second lessor is also the trustee. The lessor accepts the principal's funds or leases the subject matter, and handles the financial leasing business with the lessee designated by the principal according to the written entrustment of the principal. During the lease period, the ownership of the leased property belongs to the principal, and the lessor only charges the handling fee and does not bear the risk. A major feature of this kind of entrusted lease is that enterprises without lease rights can "borrow" to operate. E-commerce leasing relies on entrusted leasing, a commercial leasing platform.
The second way is that the lessor entrusts the lessee or a third party to purchase the leased property, and the lessor pays the payment according to the contract, which is also called financial lease entrustment purchase.
Project financing lease
The lessee shall sign a project financing lease contract with the lessor on the basis of the project's own property and interests. The lessor has no recourse to the lessee's property and interests outside the project, and the rent collection can only be determined by the cash flow and interests of the project. The seller (that is, the manufacturer of leased goods) uses this method to promote products and expand market share through the leasing company controlled by himself. This method can be used in communication equipment, large-scale medical equipment, transportation equipment and even highway management rights. Others include return lease, also known as after-sale leaseback financial lease; Financing lease, also known as refinancing lease, etc.
Maintenance lease
When calculating the rent on the basis of financial lease, there is a residual value exceeding 10%. At the end of the lease term, the lessee can choose to renew the lease, withdraw the lease or keep the purchase. The lessor may or may not provide maintenance for the lease item, and the lessor shall extract depreciation from the lease item in accounting.
International financing sublease
If a leasing company finances the leased goods from other leasing companies and sublets them to the next lessee, this business model is called financing sublease, which is generally carried out internationally. At this time, there is not much difference between commercial behavior and simple financial leasing. The business process of lessor leasing equipment from other leasing companies is carried out between financial institutions. In practice, the financing amount is only determined according to the purchase contract, and there is no direct contact with the final lessee in the operation of funds for purchasing leased items. In practice, it can be very flexible, and sometimes the leasing company even directly takes the purchase contract as the leased asset to sign the sublease contract. This practice is actually a way for leasing companies to raise funds. As the first lessee, the leasing company is not the end user of the equipment, so it cannot extract the depreciation of the leased property. Another function of subletting is to solve the legal and operational problems of cross-border leasing.
direct finance
Direct financing is a way for both the supply and demand sides of funds to finance through certain financial instruments, without the intermediary of financial institutions. The transfer of monetary funds will be carried out after the unit that needs to integrate funds and the unit that needs financing reach an agreement directly. The forms of direct financing are: buying and selling securities, prepaying goods and selling goods on credit, and not borrowing through banks and other financial institutions. Direct financing can absorb social hot money as much as possible and directly invest in the production and operation of enterprises, thus making up for the shortage of indirect financing.
Indirect financing
Indirect financing refers to the process in which units with temporarily idle monetary funds provide their temporarily idle funds to these financial intermediaries in the form of deposits, or buy securities issued by banks, trusts, insurance and other financial institutions, and then these financial institutions provide funds to these units in the form of loans and discounts, or buy securities issued by units that need funds, so as to realize financing.
This concludes the introduction of whether financial leasing is a loan and whether financial leasing is a loan. I wonder if you found the information you need from it?