A lessor is a party to a leasing agreement that acquires property and makes it available as a leased asset to the lessee for temporary possession [1] [2] .
Commercial banks , non-bank credit organizations , and leasing companies often act as a lessor [3] .
Content
Terminology
A lessor can be either a legal entity or an individual [3] [4] . Despite this, the term “leasing company” is sometimes used as a synonym for the term “lessor” [5] .
The seller of the property and the lessor may be the same person [6] .
In English-speaking countries, the term “lessor” is used, which can also mean any landlord (not only under a leasing agreement).
The role of the lessor
The process of interaction between the lessor and other parties to the leasing agreement is as follows [7] :
- the lessee selects the seller who has the required property
- the lessor acquires this property. He acquires property not for his own use, but specifically for the transfer of it for temporary use.
- the lessor transfers the property to the lessee for temporary use for an agreed fee [8]
- at the end of the contract, depending on its conditions, the property is returned to the lessor or transferred to the lessee [9] .
The entire term of the lease agreement, the property remains the property of the lessor [10] [7] [3] . In case of non-payment in accordance with the schedule of lease payments specified in the contract, the lessor has the right to withdraw property from the lessee [3] . In case of bankruptcy of the lessee, it is the lessor that has the primary right of payments [3] .
If, contrary to the terms of the contract, the lessor intervenes in the choice of the seller or leased asset, he is liable to the lessee for the lack of equipment, for harm caused to life and health of citizens in the process of using the leased asset, property of the lessee and third parties [11] . Although there are exceptions to this norm [12] .
In the case of the implementation of an expensive project, the lessor may attract additional sources of financial resources to the transaction (through banks, insurance companies , investment funds , etc.) [7] .
Official Leasing Operator
A special type of lessor is an official leasing operator (dealer) . It is an official supplier of specialized machinery, vehicles and equipment directly to the end consumer or through a leasing company. The official leasing operator cooperates with manufacturers (subsidiaries) of premium equipment within the framework of an operator (dealer) agreement.
For a leasing company, an official leasing operator acts as:
- official certified supplier;
- agent (supplies leasing consumers - customers);
- insurance agent and liquidator agent (liquidation of equipment freed from financial leases).
For leasing consumers, the official leasing operator acts as:
- official certified supplier;
- leasing broker (selects a leasing company that best meets the requirements of the client, based on the needs and capabilities of the client);
- consultant on optimizing the fleet of equipment for the acquisition of the client’s facility;
- consultant to improve the efficiency of processes in the company associated with the use of technology.
Legislation
The rights and obligations of the lessor in the Russian Federation are regulated by the agreement, the Federal Law “On financial lease (leasing)” [13] , the Tax Code of the Russian Federation [14] , the Civil Code of the Russian Federation and others [11] , in Ukraine - by the law “On financial leasing” and a number of others [15] , in Uzbekistan, in particular, chapter 34 of the Civil Code of UZ [16] . In international transactions, the UNIDRO Convention on International Financial Leasing is in effect [17] .
In accordance with Russian law, a lessor may be a non-resident of the Russian Federation [18] .
Literature
- New Economic Dictionary / Edited by A. N. Azriliyan - M .: Institute of the New Economy, 2006.
- Federal Law of 29.10.98 No. 164-ФЗ On Financial Leases (Leasing)
See also
- Landlord
- Seller
Notes
- ↑ About financial leasing (leasing): Feder. Law of October 29, 1998 No. 164-FZ.-As amended from 08.22.2004.- Article 4, p. 1
- ↑ Lukash Yu. A. Encyclopedic dictionary-reference book of the head of the enterprise. - M.: Book World, 2004 .-- 1504 p. -
- ↑ 1 2 3 4 5 Leasing. Everything you need to know about leasing
- ↑ The lessor has the right to apply a special coefficient, but not higher than 3
- ↑ Lessor - a dictionary of terms (inaccessible link) . Date of treatment February 27, 2014. Archived September 23, 2015.
- ↑ Banking services to enterprises: Definition and essence of leasing
- ↑ 1 2 3 Borovskaya M.A., Nalesnaya Ya. A. BANKING SERVICES TO ENTERPRISES. Teaching aid. Taganrog: TRTU, 2006
- ↑ 2.3.1 General rights of the lessor and the lessee // Law of Russia // ALLPRAVO.RU
- ↑ Parties to the leasing agreement - the lessor and the lessee - are VAT payers. The contract provides for the advance payment. At the end of the financial lease pl…
- ↑ Types and participants of leasing operations. Lessor. Lessee. Modern international practice of leasing operations. Scale up leasing operations. Scheme ...
- ↑ 1 2 Journal of Jurisprudence. 2003 year. Number 1. " Archived February 27, 2014.
- ↑ Leasing agreement through the eyes of the lessor :: Lawyer-accountant
- ↑ Legal basis of leasing relations
- ↑ Ministry of Finance: the lessor can apply accelerated depreciation in the transfer of fixed assets ...: Portal of small and medium enterprises
- ↑ The lessor, when reporting, can prove the fact of payment of VAT by acts of seizure of the leased asset / YURLIGA news
- ↑ Chapter 34. Property lease (rent) - § 6. Leasing
- ↑ International leasing. Lessor - non-resident - do I have to pay double VAT? | Leasing Archived on February 28, 2014.
- ↑ About financial leasing (leasing): Feder. Law of October 29, 1998 No. 164-FZ.-As amended from 08.22.2004.- Article 4, p. 2