
What is Financial Leasing?
Financial leasing is the activity in which
the lessor:
- concludes a delivery contract with the supplier of the lease object (whereby he/she obtains the ownership right of the lease
object), with the lessee determining both the supplier and the lease object,
- concludes with the lessee the financial lease contract whereby he/she transfers
to the lessee the authorization for keeping and using the lease object over a predetermined term, and the lessee pays the agreed fee in agreed installments.
The ownership of the lease object, over the whole term of the financial lease contract belongs to the lessor , and this contract may envisage the option right, i.e. the right of
the lessee to purchase the lease object upon the expiry of the contract. The lessee has the right to use the lease object unimpededly during the validity of the financial
lease contract, to derive all benefits from the object, and to bear all risks and costs arising from the ownership right, although he/she is not the owner of the object in the formal and legal sense.
Financial leasing represents one manner of financing investments into fixed assets, or movable durable goods, and is the alternative to own
funds, banking credits and borrowing through the issue of debt securities. This manner of financing is often compared to banking credits as they have similar characteristics
(repayment at predetermined installments, interest, manner of bookkeeping...). However, the most significant characteristics of financial leasing compared to other forms of
financing are the following:
- financing is always approved for a particular object,
- the procurement of the object is always performed by the lessor
and not the lessee,
- the lessor owns the lease object over the whole term of the lease contract,
- the lease object represents at the same time the means
of securing payment, which is the reason why lessors often do not demand other securement funds,
- the lessor is fully secured in the event of destruction or damage
of the object (object insurance), non-payment of the lease fee (refund of the lease object by special procedure), bankruptcy or liquidation of the lessee (right to separate
recovery)
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