2. THIS LEASING WORKSHOP WILL COVER:
A. WHAT IS LEASING AND WHAT ARE ITS BENEFITS ?
B. LEGAL AND FISCAL FRAMEWORK FOR LEASING
C. ACCOUNTING FOR LEASING, AND LEASING AS
REFLECTED ON FINANCIAL STATEMENTS.
D. TARGETING THE MARKET FOR LEASING: SECTORS AND
TYPES OF EQUIPMENT TO BE LEASED
E. LEASING TRANSACTION PROCEDURES: DEVELOPING
AND CONCLUDING LEASING DEALS.
F. LEASING CONTRACTS: TERMS AND CONDITIONS
G. ORGANIZATION AND STAFFING FOR LEASING ACTIVITIES
H. RISK MANAGEMENT AND RISK ANALYSIS FOR LEASING:
LESSEE RISKS, EQUIPMENT RISKS, VENDOR RISKS.
3. WHAT IS LEASING ?
LEASING IS THE RENTAL OF PRODUCTIVE EQUIPMENT FOR A GIVEN
PERIOD OF TIME (TYPICALLY ONE TO FIVE YEARS).
THE RENTER (THE “LESSEE”) PAYS A MONTHLY RENTAL TO THE
OWNER (THE “LESSOR”) FOR THE USE OF THE EQUIPMENT.
LEASING MAY BE A SIMPLE RENTAL, WITH THE RETURN OF THE
EQUIPMENT TO THE OWNER AT THE END OF THE LEASE PERIOD. THIS IS
USUALLY CALLED “OPERATING LEASING”.
OR, LEASING CAN LEAD TO THE PURCHASE OF THE EQUIPMENT BY THE
RENTER FROM THE OWNER AT THE END OF THE LEASE PERIOD. THIS IS
USUALLY CALLED “FINANCE LEASING” (OR “HIRE-PURCHASE”).
4. A WIDE VARIETY OF ASSETS CAN BE LEASED
THE MAJOR CATEGORIES ARE:
(1) PRODUCTIVE EQUIPMENT AND VEHICLES FOR BUSINESSES.
(2) PRIVATE AUTOMOBILES
(3) REAL-ESTATE: LAND, BUILDINGS
(4) “CONSUMER” LEASING: FURNITURE, HOME APPLIANCES, TELEVISION
SETS ETC.
(5) “BIG TICKET” LEASING: AIRCRAFT, SHIPS
OUR FOCUS TODAY WILL BE ON LEASING OF PRODUCTIVE ASSETS TO
BUSINESSES
5. MANY TYPES OF EQUIPMENT ARE LEASED TO BUSINESSES
VEHICLES: TRUCKS, DELIVERY VEHICLES, AUTO FLEETS, BUSES.
PRODUCTION AND PACKAGING EQUIPMENT
CONSTRUCTION AND MINING EQUIPMENT
AGRICULTURAL EQUIPMENT
OFFICE EQUIPMENT: COMPUTERS, PRINTERS, FURNITURE
MEDICAL AND DENTAL EQUIPMENT
PRINTING EQUIPMENT
ENERGY EQUIPMENT: GENERATORS, SOLAR PANELS ETC.
KITCHEN EQUIPMENT (HOTELS, RESTAURANTS)
6. THERE ARE MANY BENEFITS TO LEASING:
--TO THE ECONOMY OF A COUNTRY:
LEASING SUPPORTS THE EXPANSION OF THE SMALL AND MEDIUM
BUSINESS SECTOR, INCREASING PRODUCTION, EMPLOYMENT AND
EXPORTS.
--TO THE EQUIPMENT USER:
LEASING GIVES A BUSINESS THE ABILITY TO HAVE THE USE OF THE
EQUIPMENT OR VEHICLES THEY NEED WITH MINIMUM DELAY, WITHOUT
NEEDING TO BUY THEM FOR CASH OR TAKE OUT A LOAN FROM A BANK.
--TO SUPPLIERS OF EQUIPMENT: LEASING FACILITATES THE SALE OF THEIR
PRODUCTS.
--TO PROVIDERS OF LEASING: A PROFITABLE FINANCIAL SERVICE WHICH
CAN BE OFFERED TO A WIDE VARIETY OF POTENTIAL CUSTOMERS.
7. LEASING IS A MAJOR ACTIVITY WORLDWIDE
LEASING IS A MAJOR ACTIVITY IN MANY
COUNTRIES AROUND THE WORLD, IN EMERGING
ECONOMICS AS WELL AS IN DEVELOPED
ECONOMIES.
LEASED EQUIPMENT CAN BE A MAJOR SHARE OF
A COUNTRY’S INVESTMENT IN PRODUCTIVE
ASSETS.
8. LEASING CAN BE PROVIDED BY A VARIETY OF SOURCES
LEASING IS A SERVICE OFTEN PROVIDED BY SPECIALIZED COMPANIES,
WITH KNOWLEDGE OF EQUIPMENT AND OF THE CORPORATE AND SME
SECTORS IN THEIR COUNTRIES.
LEASING COMPANIES MAY BE OWNED BY BANKS, OR BY EQUIPMENT
MANUFACTURERS, OR THEY MAY BE INDEPENDENT.
LEASING MAY ALSO BE DONE BY BANKS OR FINANCE COMPANIES ON THEIR
ONW BALANCE SHEETS.
EQUIPMENT DEALERS.MAY DO LEASING, SOMETIMES AS “CAPTIVES” OF
ONE MANUFACTURER.
LEASING REQUIRES ENOUGH CAPITAL AND FINANCIAL SUPPORT TO BE
ABLE TO BUY EQUIPMENT AND LEASE IT FOR MULTI-YEAR PERIODS.
INTERNATIONAL DONORS ACTIVELY SUPPORT THE DEVELOPMENT OF
LEASING IN EMERGING MARKETS BY PROVIDING EQUITY AND DEBT
FINANCING TO SUPPORT LEASING. .
9. EXAMPLES OF THE TWO TYPES OF LEASING
EXAMPLES OF THE TWO TYPES OF LEASING:
OPERATING LEASE AND FINANCE LEASE
(1) A CHEESE PRODUCTION COMPANY HAS GROWING ORDERS AND NOW
NEEDS A DELIVERY TRUCK TO BE ABLE TO DISTRIBUTE ITS PRODUCTS
TO ITS CUSTOMERS QUICKLY.
(2) A FRUIT JUICE PRODUCER NEEDS A SECOND PRODUCTION LINE TO
MEET GROWING DEMAND FOR ITS PRODUCTS AND TO BROADEN ITS
PRODUCT RANGE.
NEITHER COMPANY HAS ENOUGH CASH OR BANK CREDIT TO BE ABLE TO
BUY THE EQUIPMENT THEY NEED.
10. STEPS TOWARD AN OPERATING LEASE DEAL
(1) THE CHEESE PRODUCTION COMPANY KNOWS THE MODEL OF DELIVERY
TRUCK IT WANTS, AND IS DISCUSSING PLACING AN ORDER WITH A
LOCAL VEHICLE IMPORTER/DEALER.
(2) HOW THE TRUCK WILL BE PAID FOR IS THE OBSTACLE TO PLACING THE
ORDER
.
(3) THE DEALER IS AWARE THAT A LEASING COMPANY IS WILLING TO LEASE
THIS TYPE OF TRUCK TO GOOD COMPANIES, AND ENCOURAGES THE
CHEESE PRODUCTION COMPANY TO SPEAK WITH THE LEASING
COMPANY.
11. STEPS TOWARD AN OPERATING LEASE DEAL
(4) THE LEASING COMPANY ALREADY HAS A WORKING RELATIONSHIP WITH
THE VEHICLE DEALER, AND THIS TRUCK MODEL HAS ALREADY BEEN
APPROVED AS “LEASABLE”.
(5) THE LEASING COMPANY OBTAINS AND REVIEWS INFORMATION ABOUT
THE CHEESE COMPANY’S OWNERS, BUSINESS OUTLOOK, AND
FINANCIAL STABILITY, AND DECIDES THAT THE COMPANY WILL BE ABLE
TO MAKE THE RENTAL PAYMENTS FROM ITS SALES REVENUES.
(6) THE CHEESE COMPANY PREFERS TO LEASE THE TRUCK FOR THREE-YEARS,
THEN RETURN IT TO THE LEASING COMPANY, AND POTENTIALLY
LEASE A NEWER MODEL AT THAT TIME. SO THE LEASING COMPANY
AGREES TO OFFER AN OPERATING LEASE TO THE CHEESE COMPANY.
12. STEPS TOWARD AN OPERATING LEASE DEAL
(7) AN OPERATING LEASE CONTRACT IS SIGNED, STATING THE COST OF
THE TRUCK (AS QUOTED BY THE DEALER); THE PART OF THE COST TO
BE PAID BY THE CHEESE COMPANY (20 %); THE AMOUNT OF EACH
MONTHLY RENTAL PAYMENT; ARRANGEMENTS FOR INSURANCE , AND
FOR SERVICE AND MAINTENANCE (DONE BY THE DEALER); AND STATES
THE REMAINING VALUE AT THE END OF THE LEASE (IN CASE THE
CHEESE COMPANY LATER DECIDES TO BUY THE TRUCK).
(8) THE LEASING COMPANY ORDERS THE TRUCK FROM THE DEALER,
AGREEING TO PAY THE DEALER IN FULL WHEN DELIVERED. THE TRUCK
IS REGISTERED IN THE LEASING COMPANY’S NAME. THEN IT IS
DELIVERED TO THE CHEESE COMPANY, WHO SIGNS FOR ACCEPTANCE
THAT IT IS RECEIVED IN GOOD ORDER. THE CHEESE COMPANY CAN
FREELY USE THE TRUCK FOR THE PERIOD OF THE LEASE.
13. STEPS TOWARD AN OPERATING LEASE
(9) AT THE END OF LEASE TERM (3 YEARS): THE EQUIPMENT IS
RETURNED TO THE LESSOR, WHO HAS THE FOLLOWING
OPTIONS:
(A) LEASE THE TRUCK TO ANOTHER USER.
(B) SELL THE TRUCK TO ANOTHER PARTY
(C) SELL IT TO THE DEALER, UNDER A BUY-BACK AGREEMENT
.
(D) SELL IT TO THE LESSEE (RESIDUAL VALUE)
(E) LEASE IT AGAIN TO THE LESSEE.
14. STEPS TOWARD A FINANCE LEASE DEAL
(1) THE FRUIT JUICE COMPANY IS IN CONTACT WITH THE FOREIGN
MANUFACTURER OF A NEW PRODUCTION LINE (THIS IS THE SAME
MANUFACTURER WHO PROVIDED THE COMPANY’S FIRST
PRODUCTION LINE. SERVICE AND SPARE PARTS HAVE BEEN RELIABLY
SUPPLIED BY THE MANUFACTURER AND ITS LOCAL REPRESENTATIVE).
(2) THE FOREIGN MANUFACTURER HAS QUOTED A PRICE FOR THE NEW
PRODUCTION LINE (INCLUDING COST OF FREIGHT AND INSURANCE),
AND REQUIRES A CONFIRMED DOCUMENTARY LETTER OF CREDIT TO
BE OPENED IN ITS FAVOR, PAYABLE IN FULL WHEN THE SHIPMENT
ARRIVES IN THE JUICE COMPANY’S COUNTRY.
15. STEPS TOWARD A FINANCE LEASE DEAL
(3) THE FRUIT JUICE COMPANY WOULD LIKE TO BUY THE EQUIPMENT WITH
CREDIT FROM ITS BANK, BUT THE BANK WILL ONLY CONSIDER A LOAN IF
THE COMPANY CAN GIVE COLLATERAL (PROPERTY MORTGAGE) TO
COVER THE LOAN AMOUNT (USD 500,000), WHICH THE COMPANY
CANNOT PROVIDE.
(4) THE FRUIT JUICE COMPANY THEN SPEAKS WITH THE LEASING
COMPANY, GIVING INFORMATION ABOUT THE EQUIPMENT THEY WISH TO
OBTAIN, AND ALSO GIVING INFORMATION ABOUT THEIR COMPANY’S
BUSINESS AND FINANCIAL SITUATION.
16. STEPS TOWARD A FINANCE LEASE DEAL
(5) THE LEASING COMPANY EXAMINES THE EQUIPMENT, AND DECIDES THAT
IT IS OF GOOD QUALITY AND CAN PRODUCE ITS PRODUCT EFFICIENTLY;
THAT THE MANUFACTURER’S ABILITY TO PROVIDE SERVICE,
MAINTENANCE AND PARTS IS RELIABLE; AND THAT THE EQUIPMENT IS
STANDARD IN THE SECTOR AND COULD BE SOLD OR LEASED TO
ANOTHER FRUIT JUICE PRODUCER IF NECESSARY.
(6) THE LEASING COMPANY ALSO DECIDES THAT THE JUICE COMPANY’S
BUSINESS IS GROWING; THAT ITS FINANCIAL POSITION IS STABLE; THAT
ITS OWNER/MANAGERS ARE CAPABLE AND COMMITED TO THE
BUSINESS; AND THAT IT SHOULD BE ABLE TO MAKE ITS MONTHLY
LEASING PAYMENTS WITHOUT DIFFICULTY FROM ITS SALES REVENUES.
17. STEPS TOWARD A FINANCE LEASE DEAL
(7) THE LEASING COMPANY PROPOSES A FINANCE LEASE TRANSACTION, IN
WHICH THE LEASING COMPANY WILL BUY AND LEASE THE EQUIPMENT
FOR FOUR YEARS TO THE JUICE COMPANY, WHO WILL MAKE 48
MONTHLY LEASING PAYMENTS. OWNERSHIP WILL PASS TO THE JUICE
COMPANY AFTER IT MAKES ITS FINAL LEASE PAYMENT. THE JUICE
COMPANY WILL PAY IN ADVANCE 30 % OF THE COST OF THE NEW
EQUIPMENT.
(8) AFTER SIGNING THE FINANCE LEASE CONTRACT, THE LEASING
COMPANY ORDERS THE EQUIPMENT FROM THE FOREIGN
MANUFACTURER, TO BE IMPORTED IN THE NAME OF THE LEASING
COMPANY. UPON ARRIVAL OF THE EQUIPMENT AT CUSTOMS, THE JUICE
COMPANY CONFIRMS THAT THE EQUIPMENT IS ACCEPTABLE AND THE
LEASING COMPANY PAYS THE PURCHASE PRICE. THEN THE EQUIPMENT
IS DELIVERED TO THE JUICE COMPANY, WHO USES IT DURING THE 4-
YEAR LEASE PERIOD.
18. STEPS TOWARD A FINANCE LEASE DEAL
(9) AT THE END OF LEASE TERM (4 YEARS): THE LESSEE
HAS THE FOLLOWING OPTIONS:
(A) LESSEE MAY OPT TO BUY THE EQUIPMENT (PRICE IS
AGREED IN ADVANCE IN A FINANCE LEASE CONTRACT)
(B) LESSEE MAY RETURN THE EQUIPMENT TO LESSOR,
WHO MAY LEASE IT, OR SELL IT TO THE VENDOR OR TO
ANOTHER PARTY.
(C) IF LESSEE WISHES TO BUY BEFORE END OF LEASE
CONTRACT, LESSEE PAYS ALL REMAINING PAYMENTS,
PLUS RESIDUAL VALUE, PLUS EARLY TERMINATION FEE.
19. TWO TYPES OF LEASING: SIMILARITIES AND DIFFERENCES
IN BOTH CASES:
--THE COMPANY WAS ABLE TO START USING THE EQUIPMENT REASONABLY
QUICKLY.
-- NO OTHER COLLATERAL WAS NEEDED, ONLY A DOWN PAYMENT OF 20 %
OR 30 % OF THE PURCHASE PRICE.
--THE LEASING COMPANY REMAINS OWNER FOR THE PERIOD OF THE
LEASE
--THE LEASING COMPANY COULD TAKE THE EQUIPMENT BACK IF THE
COMPANY DOES NOT MAKE ITS MONTHLY LEASE PAYMENTS.
THE DIFFERENCES ARE:
--THE JUICE COMPANY: WILL OWN THE PRODUCTION LINE AFTER 4 YEARS;
--THE JUICE COMPANY IS RESPONSIBLE FOR SERVICE AND MAINTENANCE
OF THE LEASED EQUIPMENT (UNDER AGREEMENTS WITH THE
MANUFACTURER)
--THE CHEESE PRODUCER WILL RETURN THE DELIVERY TRUCK TO THE
LEASING COMPANY AFTER 3 YEARS.
--THE LEASING COMPANY IS RESPONSIBLE FOR SERVICE AND
MAINTENANCE
20. THE ENVIRONMENT
FOR LEASING
Prepared by USAID’s Financial Access for Investing in the Development of Afghanistan.
21. THE ENVIRONMENT FOR LEASING
LEASING NEEDS AN ENVIRONMENT WITHIN WHICH IT CAN OPERATE.
KEY ELEMENTS ARE:
(1) A LEGAL SYSTEM WHERE PROPERTY RIGHTS ARE CLEAR AND
CONTRACTS ARE ENFORCEABLE IN COURTS.
(2)ACCOUNTING AND TAX TREATMENT OF LEASING WHICH IS REASONABLY
APPLIED AND WHICH CONFORM TO INTERNATIONAL PRACTICES.
(3) AN INSURANCE SECTOR WHICH PERMITS LEASED ASSETS TO BE
INSURED AGAINST MAJOR RISKS.
(4) SOME FORM OF REGISTRATION OF PLEDGES ON MOVABLE PROPERTY
.
(5) A LEGAL AND REGULATORY ENVIRONMENT WHICH
ENCOURAGES LEASING, RATHER THAN OVERLY RESTRICTS IT.
22. THE ENVIRONMENT FOR LEASING
(1) A LEGAL SYSTEM WHERE PROPERTY RIGHTS ARE
CLEAR AND CONTRACTS ARE ENFORCEABLE IN COURTS
--OWNERSHIP TITLE TO VEHICLES AND EQUIPMENT NEED
TO BE CLEAR AND DOCUMENTS CAN PROVE
OWNERSHIP
--CONTRACTS BETWEEN PRIVATE PARTIES, IN CASE OF
DISPUTE, CAN BE SETTLED THROUGH THE LEGAL
SYSTEM
--PROCEDURES FOR FORECLOSURE ON COLLATERAL
(BANKS), OR REPOSSESSION OF LEASED ASSETS BY
LESSORS, FUNCTION EFFECTIVELY WITHOUT UNDUE
DELAY.
23. THE ENVIRONMENT FOR LEASING
(2) ACCOUNTING AND TAX TREATMENT OF
LEASING WHICH IS REASONABLY APPLIED AND
CONFORMS TO INTERNATIONAL PRACTICES.
A. CORPORATE INCOME TAX LAW: PROVISIONS RELEVANT
TO LEASING CAN INCLUDE:
--DEFINITION OF FINANCE LEASES
--ACCOUNTING TREATMENT OF FINANCE LEASES
--DEPRECIATION SCHEDULES FOR TYPES OF ASSETS
B. VALUE ADDED TAX (VAT) LAW PROVISIONS RELEVANT TO
LEASING CAN INCLUDE:
--VAT APPLICABLE TO INTEREST
--VAT APPLIABLE TO PURCHASE AND SALE OF ASSETS.
24. THE ENVIRONMENT FOR LEASING
(3) AN INSURANCE SECTOR WHICH PERMITS LEASED
ASSETS TO BE INSURED AGAINST MAJOR RISKS.
INSURANCE CAN COVER MOST RISKS ASSOCIATED WITH
VARIOUS TYPES OF LEASED ASSETS:
--VEHICLES (PASSENGER OR COMMERCIAL):
THIRD PARTY LIABILITY, DAMAGE, THEFT, FIRE ETC
--MANUFACTURING EQUIPMENT
--CONSTRUCTION AND MINING EQUIPMENT
--AGRICULTURAL EQUIPMENT
25. THE ENVIRONMENT FOR LEASING
(4) SOME FORM OF REGISTRATION OF PLEDGES ON
MOVABLE PROPERTY:
--LAWS ON SECURED TRANSACTIONS ON MOVABLE
PROPERTY SHOULD INCLUDE LENDERS’ COLLATERAL,
BUT ALSO LEASED ASSETS UNDER LEASING
TRANSACTIONS.
--THE REGISTRY OF SECURING CHARGES (OR MOVABLE
COLLATERAL REGISTY) SHOULD PROVIDE FOR CLEAR
REGISTRATION OF LEASED ASSETS, FULLY TRANSPARENT
TO THIRD PARTIES.
--REGISTRY PERMITS LESSORS TO REGISTER EQUIPMENT WHICH
IS LEASED UNDER LEASE CONTRACT, PROTECTING AGAINST
PLEDGE OR SALE TO OTHER PARTIES
26. ENVIRONMENT FOR LEASING
(5) A LEGAL AND REGULATORY ENVIRONMENT
WHICH ENCOURAGES LEASING, RATHER THAN
OVERLY RESTRICTS IT.
--THERE ARE LAWS IN FORCE RELATING TO FINANCIAL
LEASING.
--THE CENTRAL BANK LICENCES AND REGULATES LEASING,
DONE EITHER BY BANKS OR BY NON-BANK FINANCIAL
INSTITUTIONS (UNIVERSAL CREDIT ORGANIZATIONS).
28. ACCOUNTING TREATMENT OF LEASING
THERE ARE TWO METHODS OF ACCOUNTING FOR LEASING:
(1)THE “LEGAL” METHOD: THE ASSET IS ON THE BALANCE SHEET OF THE
LEGAL OWNER (THE LESSOR);
(2) THE “ECONOMIC” METHOD: THE ASSET IS ON THE BALANCE SHEET OF
THE USER (LESSEE), WHO HAS THE ECONOMIC BENEFIT OF THE
EQUIPMENT.
THE METHOD USED BY LESSORS AND LESSEES IN A GIVEN COUNTRY IS
THE ONE REQUIRED BY THE TAX AUTHORITIES IN THAT COUNTRY,
PRACTICES IN DIFFERENT COUNTRIES VARY WIDELY. SOME USE THE
“LEGAL” METHOD FOR ALL LEASES. OTHERS USE THE “ECONOMIC”
METHOD FOR FINANCE LEASES (AS IN ARMENIA) AND THE “LEGAL
METHOD” FOR OPERATING LEASES.
29. ACCOUNTING TREATMENT OF LEASING
“LEGAL” METHOD OF ACCOUNTING:
--THE LEASED ASSET IS BOOKED AS A “FIXED ASSET” TO THE
LESSOR.
--THE LESSOR TAKES THE DEPRECATION EXPENSES.
--THE LEASE PAYMENT IS A REVENUE FOR THE LESSOR,
AND AN EXPENSE FOR THE USER.
--THERE IS NO ASSET OR LIABILITY ON THE BALANCE SHEET
OF THE USER.
--THIS METHOD IS IAS STANDARD FOR “OPERATING LEASES”
30. ACCOUNTING TREATMENT OF LEASING
“ECONOMIC” METHOD OF ACCOUNTING:
--THE LEASED EQUIPMENT IS A “FIXED ASSET” ON THE
BALANCE SHEET OF THE USER (LESSEE)
--THE LESSEE TAKES THE DEPRECIATION EXPENSE.
--THE LEASE CONTRACT IS A FINANCIAL ASSET FOR THE
LESSOR (FINANCE LEASES RECEIVABLE) AND A LIABILITY
FOR THE LESSEE (FINANCE LEASES PAYABLE)
--THE LEASE PAYMENT IS DIVIDED INTO TWO PARTS:
(A) INTEREST ( REVENUE FOR THE LESSOR, AND AN
EXPENSE FOR THE LESSEE)
(B) PRINCIPAL (A REDUCTION OF FINANCE LEASES
RECEIVABLE/PAYMENT, NOT A REVENUE OR EXPENSE).
--THIS METHOD IS IAS STANDARD FOR “FINANCE LEASES”
31. ACCOUNTING TREATMENT OF LEASING
LAWS OF ARMENIA RELEVANT TO LEASING:
CIVIL CODE (ARTICLES 677-684) DEFINE “FINANCE LEASING” BUT IS SILENT
ON ACCOUNTING TREATMENT.
ACCOUNTING UNDER TAX LAWS IS DONE UNDER “ECONOMIC” METHOD:
INCOME TAX LAW (ARTICLE 12) PROVIDES FOR
DEPRECIATION OF FIXED ASSETS (INCLUDING LEASED ASSETS):
PRODUCTIVE EQUIPMENT: 3 YEARS (AFTER 1/14: 50 %)
OTHER FIXED ASSETS: 5 YEARS (AFTER 1/14: 30 %)
LEASED ASSETS ON BALANCE SHEET OF LESSEE, WHO TAKES THE
DEPRECIATION EXPENSE (TAX DEDUCTIBLE EXPENSE)
LEASE PAYMENTS: INTEREST PORTION IS INCOME TO LESSOR, AND
DEDUCTIBLE EXPENSE TO LESSEE.
LAW ON VAT:
VAT (20 %) IS PAYABLE ON PURCHASE/SALE OF LEASED ASSETS.
PRINCIPAL FORTION OF LEASING PAYMENTS ARE SUBJECT TO 20 % VAT.
INTEREST PORTION OF LEASING PAYMENTS ARE NOT SUBJECT TO VAT.
33. TARGETING THE MARKET FOR LEASING
THE MARKET FOR LEASING HAS THE
FOLLOWING ELEMENTS (TO BE DECIDED AS
A MATTER OF POLICY):
--PARAMETERS FOR LEASING DEALS
--ECONOMIC SECTORS TO BE TARGETTED
--TYPES OF EQUIPMENT TO BE LEASED
--CRITERIA FOR ACCEPTABLE LESSEES
--VENDOR RELATIONSHIPS TO BE TARGETTED
34. TARGETING THE MARKET FOR LEASING
LEGAL OFFICER:
--PREPARE DOCUMENTS FOR LEASING
DEALS
PARAMETERS FOR LEASING DEALS:
--WHETHER TO OFFER FINANCE LEASES, OPERATING
LEASES OR BOTH.
--TERM OF LEASES: POLICY BASED ON LESSOR’S FUNDING
AND ON RISK CONSIDERATIONS:
--LEASE CONTRACTS
--SUPPLIER CONTRACTS
FINANCE LEASES: 2 YEARS MINIMUM, 4 YEARS MAXIMUM
OPERATING LEASES: ONE YEAR MIN., 3 YEARS MAXIMUM
--LEGAL ENFORCEMENT OF LEASING
CONTRACT
--LESSEE SHARE OF “EQUITY”: 20% MIN.(30% STANDARD)
--REPOSSESSION
--COURT CASE
(PREPAYMENT/SECURITY DEPOSIT)
--CURRENCY, PRICING OF LEASES: BASED ON LESSOR
LEGAL FUNDING; OFFICER:
INTEREST FORMULA (FIXED OR ADJUSTABLE)
----LEASE P
AMOUNTS: WHAT WILL MINIMUM AND MAXIMUM
LEASE TRANSACTION AMOUNT BE (BASED ON LESSOR
CAPACITY, TYPE OF LESSEE, TYPES OF EQUIPMENT)
35. TARGETING THE MARKET FOR LEASING
ECONOMIC SECTORS TO BE TARGETED:
SECTOR POLICY FOR LEASING IS BASED ON LESSOR’S
SECTOR STRATEGY OR ON TYPES OF EQUIPMENT
TARGETTED. TYPICAL SECTORS FOR LEASING ARE:
--MANUFACTURING
--PROCESSING AND PACKAGING
--AGRICULTURE
--CONSTRUCTION
--TRANSPORTATION
--MINING
--MEDICAL
36. TARGETING THE MARKET FOR LEASING
TYPES OF EQUIPMENT TO BE LEASED:
EQUIPMENT POLICY IS BASED ON SECTOR STRATEGY, OR
ON OTHER FACTORS SUCH AS DEALER RELATIONSHIPS
OR EQUIPMENT RISK CONSIDERATIONS.
DOES THE LESSOR WISH TO SPECIALIZE ?
TYPICAL EQUIPMENT CATEGORIES FOR LEASING ARE:
--LIGHT VEHICLES (PASSENGER, COMMERCIAL, DELIVERY)
--HEAVY TRUCKS
--AGRICULTURAL EQUIPMENT (TRACTORS ETC).
--CONSTRUCTION EQUIPMENT, MINING EQUIPMENT
--LIGHT PRODUCTION EQUIPMENT
--PACKAGING EQUIPMENT
--MEDICAL AND DENTAL EQUIPMENT
--ENERGY EQUIPMENT (GENERATORS, SOLAR PANELS ETC)
37. TARGETING THE MARKET FOR LEASING
CRITERIA FOR ACCEPTABLE LESSEES
POLICY FOR LESSEES IS BASED ON LESSOR’S TARGET
CUSTOMER STRATEGY AND RISK CRITERIA.
TYPICAL CATEGORIES WOULD BE:
--ESTABLISHED COMPANIES, POSITIVE CREDIT HISTORY
--GROWING COMPANIES WITH GOOD SALES GROWTH BUT
OUT CREDIT HISTORY
--START-UP COMPANIES WITH STRONG SALES PROSPECTS
--COMPANIES IN ACCEPTABLE ECONOMIC SECTORS
--COMPANIES WISHING TO LEASE EQUIPMENT WHICH THE
LESSOR IS TARGETING (WHICH COULD BE UNDER
VENDOR AGREEMENTS)
38. TARGETING THE MARKET FOR LEASING
VENDOR RELATIONSHIPS TO BE TARGETTED
VENDOR STRATEGIES CAN BE PART OF A LEASING
STRATEGY.
AGREEMENTS CAN BE CONCLUDED WITH VENDORS OF
EQUIPMENT WHICH THE LESSOR WISHES TO LEASE.
AGREEMENTS WITH VENDORS CAN BE EXCLUSIVE OR NON-EXCLUSIVE
THEY CAN INVOLVE A BUY-BACK COMMITMENT FROM THE
VENDOR, OR ONLY A REMARKETING AGREEMENT.
AN AGREEMENT CAN INCLUDE A DISCOUNT OR
COMMISSION TO THE LESSOR FOR BUYING AND LEASING
THE VENDOR’S EQUIPMENT, IMPROVING LESSOR
PROFITABILITY.
40. LEASING TRANSACTION PROCEDURES
STEPS IN DOING A LEASING DEAL:
(1) IDENTIFY THE CUSTOMER OPPORTUNITY
(2) OBTAIN NECESSARY INFORMATION
(3) ANALYZE THE RISKS
(4) PREPARE AND SUBMIT THE PROPOSAL FOR APPROVAL
(5) AGREE ON TERMS WITH LESSEE AND VENDOR
(6) FORMALIZE, DOCUMENT THE DEAL: SIGN CONTRACT
WITH LESSEE, ORDER EQUIPMENT FROM VENDOR
(7) DELIVERY, INSTALLATION AND PAYMENT
(8) SUBSEQUENT MONITORING
(9) REMEDIAL MEASURES IN EVENT OF DEFAULT
(10) ACTIONS AT END OF LEASE TERM
41. LEASING TRANSACTION PROCEDURES
(1) IDENTIFY THE CUSTOMER OPPORTUNITY
CUSTOMER OPPORTUNITIES CAN ARISE FROM:
--RELATIONSHIPS WITH POTENTIAL LESSEES (CORPORATE,
SME, MICRO), AND KNOWLEDGE OF THEIR EQUIPMENT
NEEDS.
--RELATIONSHIPS WITH EQUIPMENT VENDORS, WHO
IDENTIFY AND REFER POTENTIAL CUSTOMERS TO THE
LESSOR
--LESSOR EXPERTISE IN A GIVEN SECTOR, IDENTIFYING
GROWING COMPANIES IN THAT SECTOR.
--PUBLIC MARKETING AND MEDIA CAMPAIGN RESULTS IN
LESSEE IDENTIFICATION
42. LEASING TRANSACTION PROCEDURES
(2) OBTAIN NECESSARY INFORMATION:
A. INFORMATION ABOUT LESSEE:
--LEGAL/INCORPORATION DOCUMENTS
--FINANCIAL STATEMENTS/FORECASTS
--BUSINESS INFORMATION (PRODUCTS,
CUSTOMERS)
B. INFORMATION ABOUT EQUIPMENT
C. INFORMATION ABOUT MANUFACTURER
D. INFORMATION ABOUT VENDOR
43. LEASING TRANSACTION PROCEDURES
(3) ANALYZE THE RISKS:
--LESSEE RISK: CAN THE LESSEE’S CASH FLOW
MEET THE LEASING PAYMENTS ?
--EQUIPMENT RISK: DOES THE EQUIPMENT HAVE
MARKET VALUE FOR THE LIFE OF THE LEASE ?
--VENDOR RISK: IS THE VENDOR STABLE ENOUGH
TO FULFILL ITS COMMITMENTS FOR THE LIFE
OF THE LEASE ?
44. LEASING TRANSACTION PROCEDURES
(4) PREPARE THE PROPOSAL:
DECIDE ON:
--TERM OF LEASE
--TYPE OF LEASE (FINANCIAL/OPERATING)
--AMOUNT TO BE FINANCED
EQUIPMENT COST
LESS: PREPAYMENT FROM LESSEE (%)
--INTEREST RATE BASIS
--MONTHLY LEASE PAYMENT SCHEDULE
SUBMIT PROPOSAL FOR COMMITTEE APPROVAL.
45. LEASING TRANSACTION PROCEDURES
(5) AGREE ON TERMS WITH LESSEE AND VENDOR:
--OBTAIN FIRM EQUIPMENT COST QUOTE FROM
MANUFACTURER OR FROM VENDOR, INCLUDING TERMS
OF PAYMENT (IMPORT COULD REQUIRE BANK L/C)
--DETERMINE TOTAL COSTS: EQUIPMENT PLUS ALL OTHER
COSTS TO TRANSPORT, IMPORT AND INSTALL (FREIGHT,
INSURANCE, CUSTOMS DUTY, TAXES ETC)
--QUOTE LEASE TERMS TO LESSEE, GET LESSEE’S
AGREEMENT TO TERMS AND TO THE LEASE CONTRACT
DRAFT.
--LESSEE PROVIDES WRITTEN REQUEST TO LEASE THE
EQUIPMENT, SPECIFYING THE EQUIPMENT, THE
MANUFACTURER AND THE VENDOR.
46. LEASING TRANSACTION PROCEDURES
(6) FORMALIZE AND DOCUMENT THE DEAL:
--SIGN THE LEASE CONTRACT WITH LESSEE
--LESSEE PAYS PREPAYMENT AND FEE.
--LESSOR PLACES A FIRM ORDER WITH VENDOR TO
PURCHASE THE EQUIPMENT, FOR DELIVERY TO LESSEE
PREMISES. TERMS OF DELIVERY AND PAYMENT AGREED.
--IF AGREED (FOR IMPORT), OPENING BANK L/C IN FAVOR OF
FOREIGN MANUFACTURER/VENDOR.
--CONCLUDE AN AGREEMENT IN SOME FORM WITH VENDOR
(SERVICE/MAINTENANCE; POSSIBLY BUY-BACK OR
REMARKETING).
47. LEASING TRANSACTION PROCEDURES
(7) DELIVERY, INSTALLATION AND PAYMENT
--COMPLETE CUSTOMS FORMALITIES (IF IMPORT)
--DELIVERY AT LESSEES’ PREMISES
--REGISTER SECURING CHARGE ON EQUIPMENT.
--LESSEE SIGNS ACCEPTANCE CERTIFICATE (LEASE
CONTRACT TAKES EFFECT)
--INSURE EQUIPMENT FOR ALL INSURABLE RISKS.
--PAYMENT BY LESSOR TO VENDOR UPON DELIVERY.
--FIRST LEASE PAYMENT FROM LESSEE ON FIRST DAY OF
MONTH AFTER DATE OF DELIVERY.
48. LEASING TRANSACTION PROCEDURES
(8) SUBSEQUENT MONITORING:
--TECHNICAL MANAGER CHECKS ON USE OF EQUIPMENT,
ITS CONDITION, SERVICE AND MAINTENANCE
--FINANCE REPORTS ANY LATE PAYMENT
--LEASING OPERATIONS FOLLOWS UP WITH LESSEES FOR
ANY PERFORMANCE GAPS, INCLUDING LATE PAYMENT
STARTING ONE DAY AFTER PAYMENT OVERDUE.
--COLLECTION OFFICER FOLLOWS UP IS PAYMENT 15 DAYS
OVERDUE. DEFAULT ON CONTRACT IF OVERDUE 30 DAYS
49. LEASING TRANSACTION PROCEDURES
(9) REMEDIAL MEASURES IN EVENT OF DEFAULT:
--NON-PAYING LESSEE MAY WISH TO RETURN THE
EQUIPMENT, TERMINATING THE LEASE CONTRACT
(LOSING THEIR PREPAYMENT). LESSOR MAY THEN SELL
OR LEASE THE EQUIPMENT AT A PROFIT. .
--WITH NON-COOPERATING LESSEE, LESSOR SHOULD TAKE
REPOSSESSION ACTION (OUT OF COURT PROCESS OF
SEIZURE OF LEASED ASSET) WHERE LAWS PROVIDE FOR
SUCH ACTION
--ANOTHER REMEDY IS A LAWSUIT THROUGH THE COURTS
TO ENFORCE THE LEASE CONTRACT AGAINST THE
LESSEE AND ANY GUARANTORS.
50. LEASING TRANSACTION PROCEDURES
(10) ACTIONS AT END OF LEASE TERM
A. FINANCE LEASE:
THE LESSEE’S OPTIONS ARE:
--LESSEE MAY OPT TO BUY THE EQUIPMENT (PRICE IS
AGREED IN ADVANCE IN A FINANCE LEASE CONTRACT)
--LESSEE MAY RETURN THE EQUIPMENT TO LESSOR, WHO
MAY LEASE IT, OR SELL IT TO THE VENDOR OR TO
ANOTHER PARTY.
--IF LESSEE WISHES TO BUY BEFORE END OF LEASE
CONTRACT, LESSEE PAYS FULL REMAINING PAYMENTS
PLUS RESIDUAL VALUE PLUS EARLY TERMINATION FEE.
51. LEASING TRANSACTION PROCEDURES
(10) ACTIONS AT END OF LEASE TERM
B. OPERATING LEASE:
THE LEASED EQUIPMENT IS RETURNED TO LESSOR, WHO
MAY TAKE ONE OF THE FOLLOWING ACTIONS:
--LEASE THE TRUCK TO ANOTHER USER.
--SELL THE TRUCK TO ANOTHER PARTY
--SELL IT TO THE DEALER, UNDER A BUY-BACK AGREEMENT
--SELL IT TO THE LESSEE (RESIDUAL VALUE)
--LEASE IT AGAIN TO THE LESSEE.
53. LEASING CONTRACTS
LEASING CONTRACTS MAY VARY IN FORM, BUT THEIR
CONTENTS ARE STANDARD.
FINANCING LEASE CONTRACTS AND OPERATING LEASE
CONTRACTS ARE VERY SIMILAR IN MOST RESPECTS, BUT
DIFFER IN A FEW KEY WAYS.
AN EXAMPLE OF A LEASE CONTRACT CONTAINS:
(A)PARTICULAR TERMS AND CONDITIONS (THE SPECIFICS
OF THE DEAL FOR THAT GIVEN LESSEE)
(B) STANDARD TERMS AND CONDITIONS (WHICH DO NOT
VARY FROM CASE TO CASE)
(C) ANNEXES TO THE LEASE CONTRACT
54. LEASING CONTRACTS
(A) PARTICULAR TERMS AND CONDITIONS:
1. DESCRIPTION OF EQUIPMENT (DETAILS IN ANNEX A)
2. LOCATION OF LEASED EQUIPMENT
3. EXPECTED DATE OF DELIVERY OF THE EQUIPMENT
4. CONTRACT TERM (NUMBER OF MONTHS) FROM DATE
OF DELIVERY THROUGH FINAL LEASE PAYMENT.
5. PURCHASE PRICE OF EQUIPMENT (TOTAL COST)
6. PREPAYMENT FROM LESSEE (% OF TOTAL COST)
7. FINANCED AMOUNT (5 LESS 6): (% OF TOTAL COST)
8. NUMBER AND DATE OF MONTHLY LEASE PAYMENTS.
9. INTEREST RATE FORMULA (FINANCE LEASE ONLY)
10. ADMINISTRATIVE FEE (% OF PURCHASE PRICE)
11. RESIDUAL VALUE (IF ANY)
55. LEASING CONTRACTS
GENERAL TERMS AND CONDITIONS
KEY CLAUSES:
1.LESSOR WILL PURCHASE THE OBJECT OF LEASING (THE
EQUIPMENT). LESSOR WILL BE THE EXCLUSIVE OWNER.
OF THE EQUIPMENT FOR THE LIFE OF THE CONTRACT
2. OBJECT OF LEASING, AND ITS SUPPLIER, HAVE BEEN
SELECTED BY THE LESSEE, NOT BY THE LESSOR.
3. LEASE OF EQUIPMENT IS ONLY FOR LESSEE’S USE AND
ONLY AT THE “LOCATION”
4. LESSEE ACCEPTS THE EQUIPMENT BY SIGNING A
“CERTIFICATE OF ACCEPTANCE” (ANNEX B) ON THE DATE
OF DELIVERY. ANY CAUSE OF NON-ACCEPTANCE IS THE
RESPONSIBILITY OF THE SUPPLIER, NOT THE LESSOR.
56. LEASING CONTRACT: GENERAL TERMS
5. OWNERSHIP OF THE OBJECT OF LEASING: THE LESSOR
IS SOLE OWNER FOR THE ENTIRE LIFE OF THE LEASE
CONTRACT
6. LESSEE’S OPTION TO PURCHASE THE OBJECT OF
LEASING (FINANCE LEASE ONLY), AT END OF LEASE
CONTRACT, AND CONDITIONS FOR PURCHASE BEFORE
END OF LEASE CONTRACT.
7. PREPAYMENTS AND ADMINISTRATIVE FEE PAYABLE AT
TIME OF SIGNING OF LEASE CONTRACT.
8. MONTHLY LEASE PAYMENTS; DEFINITION OF DUE DATE.
EVENT OF DEFAULT IF UNPAID MORE THAN 15 DAYS
AFTER DUE DATE.
9 PENALTY FEES FOR LATE PAYMENT (5 % OF OVERDUE
AMOUNT AFTER 15 DAYS, PLUS 0.1 % PER DAY OF
OVERDUE AMOUNT AFTER 30 DAYS)
57. LEASING CONTRACT: GENERAL TERMS
10. INTEREST RATE CALCULATION (FINANCE LEASE ONLY).
TWO OPTIONS: (A) FIXED INTEREST FOR LIFE OF LEASE
(B) VARIABLE INTEREST RATE BASED ON A
STATED FORMULA.
11. INSURANCE: OBJECT OF LEASING WILL BE INSURED
AGAINST ALL RISKS BY INSURER ARRANGED BY OR
APPROVED BY THE LESSOR. COST OF INSURANCE IS
PAID FOR THE LESSEE (FINANCE LEASE) OR BY THE
LESSOR (OPERATING LEASE).
12. WARRANTIES ON OBJECT OF LEASING: LESSOR ASSIGNS
WARRANTIES IN FAVOR OF LESSEE. ANY REMEDIES BY
LESSEE ARE AGAINST SUPPLIER OR MANUFACTURER,
NOT AGAINST LESSOR.
58. LEASING CONTRACT: GENERAL TERMS
13. SERVICE AND MAINTENANCE: MUST BE PERFORMED BY
LESSEE (FINANCE LEASE) UNDER SERVICE AGREEMENTS
WITH VENDOR (LESSEE IS RESPONSIBLE FOR ANY
FAILURE TO MAINTAIN). LESSOR IS RESPONSIBLE FOR
SERVICE AND MAINTENANCE UNDER OPERATING LEASE,
ALSO UNDER AGREEMENTS WITH VENDOR.
14. LESSOR RIGHT OF INSPECTION OF LEASED EQUIPMENT
AT ANY TIME (LESSOR RIGHT TO ENTER LESSEE
PREMISES)
15. NO ASSIGNMENT OR SUBLEASE OF OBJECT OF LEASE
WITHOUT WRITTEN APPROVAL OF LESSOR. ONLY LESSEE
(ITS DESIGNATED EMPLOYEES) MAY USE THE
EQUIPMENT. LESSEE MAY NOT DISPOSE OF THE
EQUIPMENT.
59. LEASING CONTRACT: GENERAL TERMS
16. RETURN OF THE EQUIPMENT: AT THE END OF THE LEASE
CONTRACT, OR UPON TERMINATION FOR ANY REASON,
LESSEE MUST RETURN THE EQUIPMENT TO LESSOR IN
THE SAME CONDITION AS WHEN DELIVERED, EXCEPT
FOR NORMAL WEAR AND TEAR.
17. LESSOR MAY PHYSICALLY REPOSSESS THE EQUIPMENT
AT THE END OF THE CONTRACT TERM, OR UPON EARLY
TERMINATION DUE TO A LESSEE DEFAULT.
18. REGISTRATION OF THE OBJECT OF LEASING WILL BE
DONE AT THE REGISTRY OF SECURING CHARGES
BEFORE ITS DELIVERY TO THE LESSEE.
60. LEASING CONTRACT: GENERAL TERMS
19. EVENTS OF DEFAULT (CONTRACT TERMINATION):
--LESSEE IS MORE THAN 30 DAYS IN ARREARS ON PAYMENT
--FAILURE TO MAINTAIN THE LEASED EQUIPMENT
--IMPROPER USE OF LEASED EQUIPMENT
--LESSEE PROVIDED FALSE INFORMATION TO LESSOR
20. REMEDIES IN EVENT OF DEFAULT: LESSOR MAY:
--REQUIRE IMMEDIATE RETURN OF EQUIPMENT.
--TAKE PHYSICAL REPOSSESSION OF EQUIPMENT
--DECLARE ALL REMAINING LEASE PAYMENTS IMMEDIATELY
DUE AND PAYABLE.
--BEGIN COURT PROCEEDINGS TO RECOVER ALL DAMAGES
AND COSTS.
61. LEASING CONTRACT: ANNEXES
ANNEX A: DETAILED DESCRIPTION OF OBJECT OF LEASING,
AND WRITTEN REQUEST OF LESSEE TO LESSOR TO
PURCHASE THE OBJECT OF LEASING.
ANNEX B: CONSENT OF OWNER OF PROPERTY WHERE THE
OBJECT OF LEASING WILL BE LOCATED.
ANNEX C: CERTIFICATE OF ACCEPTANCE BY LESSEE OF
OBJECT OF LEASING (DATE OF DELIVERY, START OF THE
TERM OF LEASE)
ANNEX D: SCHEDULE OF MONTHLY LEASE PAYMENTS
62. LEASING CONTRACT
THE DIFFERENCES BETWEEN CONTRACTS FOR FINANCE
LEASING AND OPERATING LEASES ARE:
--FINANCE LEASE PAYMENTS CONSIST OF PRINCIPAL PLUS
INTEREST; OPERATING LEASE PAYMENTS ARE RENTAL
PAYMENTS.
--FINANCE LEASES GIVE LESSEE THE OPTION TO BUY THE
EQUIPMENT; OPERATING LEASES REQUIRE THE RETURN
OF THE EQUIPMENT TO LESSOR.
--FINANCE LEASES REQUIRE LESSEE TO ENSURE SERVICE
AND MAINTENANCE AND PAY INSURANCE COSTS; IN
OPERATING LEASES, LESSOR IS RESPONSIBLE FOR
SERVICE AND MAINTENANCE AND COST OF INSURANCE,
(THE RENTAL PAYMENT INCLUDES SUCH COSTS)
64. LEASING ORGANIZATION
BOARD OF
DIRECTORS
General Manager
Leasing
Operations Manager
Credit and Risk
Manager
Finance and
Accounting Manager
Transaction
Processing
(Leasing Officers)
Technical
Manager
Legal
Risk Mgmt
Committee
Lease Credit
Committee
Monitoring/Collections
65. STAFFING FOR LEASING
--LEASING OPERATIONS: NEW DEALS;
CUSTOMER/VENDOR RELATIONS
--TECHNICAL MANAGER
--CREDIT AND RISK MANAGEMENT
--FINANCE AND ACCOUNTING
--LEGAL OFFICER
66. STAFFING FOR LEASING
LEASING OPERATIONS:
(A) LEASING OFFICERS:
--DEVELOPS NEW DEALS (LEASING SALES)
--CUSTOMER (LESSEE) RELATIONSHIPS
--VENDOR (SUPPLIER) RELATIONSHIPS
--PROPOSE NEW DEALS; PROVIDE LESSEE AND VENDOR
INFORMATION FOR LESSEE AND VENDOR RISK ANALYSIS
(B) MONITORING AND COLLECTION:
--DEAL CLOSING PROCESS WITH VENDORS AND LESSEES
--MANAGE PAYMENTS COLLECTION (CUSTOMER CONTACT)
67. STAFFING FOR LEASING
TECHNICAL MANAGER:
--PROVIDES EQUIPMENT KNOWHOW (RISK ASSESSMENT)
--SUPPORTS EQUIPMENT DELIVERY PROCESS
--RELATIONS WITH VENDORS REGARDING LEASED
EQUIPMENT (SERVICE, MAINTENANCE, SPARE PARTS)
--MONITORS USE OF EQUIPMENT BY LESSEE
--SUPPORTS EQUIPMENT REPOSSESSION AND
REPOSITIONING.
68. STAFFING FOR LEASING
CREDIT AND RISK MANAGEMENT:
--ANALYSIS OF NEW PROPOSALS:
--LESSEE RISK
--VENDOR RISK
--EQUIPMENT RISK
--MANAGES LEASING COMMITTEE (DEAL APPROVAL) PROCESS
--PREPARES REPORTS ON PORTFOLIO PERFORMANCE
69. STAFFING FOR LEASING
FINANCE AND ACCOUNTING:
--ACCOUNTING AND BOOKKEEPING.
--FINANCIAL STATEMENT PREPARATION
--REPORTS FOR MANAGEMENT, FOR CREDITORS AND FOR
SHAREHOLDERS
--TAX REPORTING AND RELATIONS WITH TAX AUTHORITIES
--RELATIONSHIPS WITH EXTERNAL AUDITORS
70. STAFFING FOR LEASING
LEGAL OFFICER:
--PREPARE DOCUMENTS FOR LEASING DEALS
--LEASE CONTRACTS
--SUPPLIER CONTRACTS
--LEGAL ENFORCEMENT OF LEASING CONTRACT
--REPOSSESSION
--COURT CASES
--COMPLIANCE (KNOW YOUR CUSTOMER, ANTI-MONEY
LAUNDERING)
--CORPORATE LEGAL PROCESSES
72. RISK ANALYSIS OF LEASING
RISK MANAGEMENT PROCESS FOR LEASING
--RISK MANAGEMENT FLOW CHART (HANDOUT)
--LEASING STRATEGY AND POLICIES
(APPROVAL “IN ADVANCE”, SETTING BOUNDARIES FOR DEALS)
--RISK ANALYSIS PROCESS
(APPROVAL OF SPECIFIC DEALS)
LESSEE RISK
EQUIPMENT RISK
VENDOR RISK
LEGAL RISKS
ECONOMIC/SECTOR RISKS
73. LEASING STRATEGIES
EXAMPLES OF LEASING STRATEGIES:
--TYPES OF LEASING PRODUCTS TO BE OFFERED
--TARGETED RESULTS (PROFITABILITY—ROI/ROA)
--TARGET LEASING PORTFOLIO (TOTAL FUNDING AVAILABLE
FOR LEASING)
--SECTOR TARGETS
--TYPES OF EQUIPMENT TO BE LEASED (AND PROHIBITIONS)
74. LEASING POLICIES
EXAMPLES OF LEASING POLICIES (“DECISIONS TAKEN IN
ADVANCE”)
--PRICING FOR LEASING DEALS:
- INTEREST OR RATE OF RETURN BASIS FOR
CALCULATING PAYMENTS.(MINIMUM/MAXIMUM)
- FEES TO APPLY TO ALL DEALS
--SIZE AND TERM OF DEALS(MINIMUM/MAXIMUM)
--MINIMUM PREPAYMENT FROM LESSEES
--SECTOR TARGETS (LIMITS BY SECTOR)
--LESSEE CRITERIA
--EXPOSURE LIMITS PER CUSTOMER
--APPROVED VENDORS
75. LEASING APPROVAL PROCESS
EXAMPLE OF PROCESS FOR APPROVAL OF LEASING DEALS:
--PROPOSAL BY ORIGINATING UNIT, WHO RECOMMENDS
TERMS AND PRICING. INFORMATION ABOUT LESSEE,
EQUIPMENT, VENDOR ACCOMPANIES THE PROPOSAL.
--RISK ANALYSIS IS DONE BY CREDIT AND RISK UNIT
--EQUIPMENT ASSESSMENT (BY TECHNICAL MANAGER)
--LEGAL ASSESSMENT (BY LEGAL OFFICER OR COUNSEL)
THE PROPOSAL, AND THE ASSESSMENTS, ARE PRESENTED
TO THE APPROVAL COMMITTEE (THEN TO BOARD OF
DIRECTORS IF EXPOSURE IS ABOVE A STATED LIMIT)
THE APPROVAL COMMITTEE, IN APPROVING, ALSO
APPROVES (OR MODIFIED) THE TERMS TO BE OFFERED.
76. LEASING: RISK ANALYSIS PROCESS
THE RISK ANALYSIS PROCESS INCLUDES (A) LESSEE RISK,
(B) EQUIPMENT RISK AND (C) VENDOR RISK.
(A) TO ANALYZE LESSEE RISK:
--IDENTIFY THE PURPOSE OF THE DEAL (THE INTENDED USE
OF THE LEASED ASSET BY THE LESSEE)
--IDENTIFY THE SOURCE OF THE LEASE PAYMENTS:
- CASH FLOW FROM THE LESSEE’S BUSINESS
- NEW REVENUES FROM THE LEASED EQUIPMENT.
--FINANCIAL ANALYSIS OF THE LESSEE (LATEST FINANCIAL
STATEMENTS, FORECAST CASH FLOW)
--BUSINESS RISK ANALYSIS: SECTOR, PRODUCTS,
CUSTOMERS, CAPABILITY OF OWNERS AND MANAGERS
77. LEASING: RISK ANALYSIS PROCESS
(B) EQUIPMENT RISK—SOME KEY CONSIDERATIONS:
--WHERE AND BY WHOM IS THE EQUIPMENT PRODUCED ?
--WHO IMPORTS OR SUPPLIES THIS TYPE OF EQUIPMENT ?
--WHO USES THIS TYPE OF EQUIPMENT (OR COULD USE IT) IN OUR
COUNTRY ?
--WOULD THERE BE A MARKET FOR THIS EQUIPMENT (POTENTIAL
FUTURE BUYERS OR OTHER LESSEES) IN CASE IT IS RETURNED
TO US ? WHAT ARE MARKET VALUES FOR THIS EQUIPMENT IN
OUR MARKET (IF SOLD AS USED EQUIPMENT) ?
--WHAT IS LESSEE’S INTENDED USE OF THIS EQUIPMENT, AND
UNDER WHAT CONDITIONS WILL IT OPERATE?
--DOES THE EQUIPMENT HAVE A REPUTATION FOR RELIABILITY
AND DURABILITY ?
78. LEASING: RISK ANALYSIS PROCESS
(C) VENDOR RISK—SOME KEY CONSIDERATIONS:
--WHAT ARE THE PRODUCT WARRANTIES PROVIDED BY THE
MANUFACTURER ?
--WHAT ARE THE SERVICE, MAINTENANCE AND SPARE PARTS
SUPPORT FOR THE LEASED EQUIPMENT AND WILL THE VENDOR
PROVIDE IT ? (OR IF NOT, WHO WILL PROVIDE IT ?)
--ARE THE MANUFACTER AND THE VENDOR SUFFICIENTLY STABLE
AND RELIABLE TO BE ABLE TO PERFOM UNDER THEIR
WARRANTY AND THEIR SERVICE AND MAINTENANCE
AGREEMENTS FOR THE LIFE OF THE LEASE?
--IF A BUY-BACK AGREEMENT IS ANTICIPATED, DOES THE VENDOR
HAVE THE BUSINESS AND FINANCIAL STABILITY TO BE ABLE TO
HONOR A BUY-BACK AGREEMENT ?
--IF A REMARKETING AGREEMENT IS ANTICIPATED, DOES THE
VENDOR HAVE THE MARKET POSITION TO REPOSITION (SELL
OR LEASE) ANY RECOVERED EQUIPMENT QUICKLY ?
79. LEASING: RISK ANALYSIS PROCESS
OTHER RISKS TO BE CONSIDERED:
(D) LEGAL RISKS: ARE THERE ANY LEGAL OR REGULATORY
THREATS TO THE LESSEE’S BUSINESS OUTLOOK ?
(E) ECONOMIC AND SECTOR RISKS:
WHAT IS THE ECONOMIC OUTLOOK FOR THE LESSEE’S
SECTOR, OR FOR THE SECTORS OF ITS MAIN
CUSTOMERS ?
ARE THERE ANY ECONOMIC THREATS TO THOSE
SECTORS WHICH COULD AFFECT LESSEE’S CASH FLOW
AND ITS ABILITY TO MAKE LEASE PAYMENTS ?
80. LEASING: RISK ANALYSIS PROCESS
THERE ARE TRADEOFFS IN THE ANALYSIS OF RISKS:
--IF THE LESSEE IS ESPECIALLY STRONG, AND ENTERS INTO
A FINANCE LEASE WITH THE INTENT TO PURCHASE THE
EQUIPMENT, THEN EQUIPMENT AND VENDOR RISKS ARE
LESS CRITICAL TO THE OVERALL RISKS OF THE DEAL.
--FOR RELATIVELY SMALL OR START-UP LESSEES, THE
EQUIPMENT AND VENDOR RISKS ARE THE KEY FACTORS
IN DETERMINING WHETHER THE RISK IS ACCEPTABLE.
--FOR OPERATING LEASES, WHERE THERE ARE RESIDUAL
VALUES AND THE POSSIBILITY OF THE RETURN OF THE
LEASED ASSET, THE EQUIPMENT AND VENDOR RISK
CONSIDERATIONS ARE MORE CENTRAL TO THE DEAL
THAN FOR FINANCE LEASES.
