Leasing is represented by a special financial lease, on the basis of which the lessee can register the ownership of any expensive object after a certain period of time will transfer the rent to the owner of the property. The lessor is the second participant in this transaction, which is represented by the owner of the leased object. He buys ownership of an item, most often a car, real estate, or expensive equipment. He transfers, on the basis of a leasing agreement, this property to the second party to the agreement. At the same time, the contract specifies the conditions on the basis of which cooperation is carried out.
The concept of leasing
Leasing is called differently financial lease. Its features include:
- the lessor, the seller of the property and the lessee are involved in such a transaction;
- participants of the agreement can be individuals or companies;
- is such a deal that certain property is transferred by the ownerother party for temporary use for a fee;
- the choice of the seller of property can be carried out by both parties to the leasing agreement;
- at the end of the lease term, the lessee can buy back the used item;
- any organization can act as both a seller and a lessee;
- A feature of a financial lease is that completely new property is transferred for use, and often it is chosen by the direct lessee, after which it is acquired by the lessor.
All of these factors must be taken into account by all parties to the agreement.
There are three participants in such a transaction, which include the lessor, the lessee and the seller of the property. Therefore, at least two contracts are drawn up. These agreements are interrelated.
The lessor is a participant in the transaction who profits from the transfer of the purchased property for use by the other party. In this case, the lessee can redeem the property if necessary. But he may decide to return this item.
Who can be a lessor?
If any company or person wants to become a leasing participant, they must understand what leasing is, the lessor and the lessee. Each participant has both rights and obligations. Additionally, after signing a formal agreement, they have a certain responsibility to each other.
BThe lessor can be:
- private persons officially registered as IP;
- companies-lessors, and they can even include banks, but for this, the charter must contain information that allows you to engage in this type of activity.
Leasing can be offered to both different companies and individuals. The conditions for any client may differ significantly, since before signing the contract, the financial condition and other features of the person or company are carefully studied.
What actions are taken by the lessor?
A lessor is a company that offers specific services to customers. They consist in the fact that the property necessary for the client, which was previously purchased from a suitable seller, is transferred for use. The lessor represented by the company, on the basis of this contract, is obliged to perform several significant actions. These include:
- a certain agreement is reached with a specific client;
- searching for a seller offering a property that meets the client's requirements;
- company purchases this item;
- property is transferred for use to the client, for which a leasing agreement is drawn up, and the lessor remains the owner of this item, but receives a certain amount monthly for the transfer of the item;
- at the end of the term of the agreement, the leased asset may be returned to the company or transferred to the ownership of the lessee.
For a firm to have the rightengage in such activities, its constituent documents must contain the relevant information.
The nuances of leasing property
Leased property remains in the use of the lessee during the entire term of the contract. The subject of leasing remains in the ownership of the lessor, therefore it is he who acts as the owner of this property. The rules for transferring various objects to leasing include:
- if the recipient of the property for various reasons ceases to contribute funds in the form of a fee under the agreement, then he may lose the right to use this item;
- if the lessee is declared bankrupt, then it is the lessor who has the primary right to receive payments under the leasing agreement;
- if the property is destroyed in any way, the recipient is obliged to reimburse the owner for all expenses for the purchase of this item.
Leasing agreement has legal force only if there are certain mandatory conditions. Therefore, the parties should take a responsible approach to the formation of this document. If it contains errors or items that violate the requirements of the law, it will be impossible to defend your rights in court.
What are the obligations of the lessor?
The obligations of the lessor are clearly spelled out directly in the formal contract. They must be strictly observed by the party to the transaction. These include:
- purchase from a property seller,corresponding to the requirements and desires of the lessee;
- transfer of the purchased item to the second party to the agreement;
- providing the seller of the property with information that this item will be leased, and the notification must be made exclusively in writing;
- reimbursement of the lessee's expenses related to the improvement, maintenance or repair of the received property, if this is prescribed in the official contract;
- at the end of the term of the agreement, the property is taken back if the lessee for various reasons does not want to redeem it;
- the company is obliged to fulfill all obligations specified in the leasing agreement.
If the lessor violates these obligations, this may lead to early termination of the contract or holding the company liable. Leases may be offered to individuals or companies, but responsibilities remain the same.
Compensation of the firm
The lessor is a participant in a transaction who receives a certain profit from its conclusion. Cash payments received from the lessee consist of two parts:
- direct remuneration for the transfer of property;
- compensation for the costs incurred by the company in the process of purchasing the subject of the contract.
To determine the fee, it is important to make the necessary calculations in advance. The risks of the lessor are related to the fact that if the recipient of the property refuses to transfer funds for various reasons, the company will not be able to receivedesired profit margin. Although she has the right to recover compensation from the violator of the agreement, it will still be less than the profit that could be received from this transaction.
What rights does the company have?
The rights of the lessor are presented in the following forms:
- independent choice of the subject of leasing, if it is provided for by the current leasing agreement;
- claims against the lessee if he violates the terms of the contract or mishandles the received property, which leads to its damage or destruction;
- early termination of the contract with simultaneous receipt of compensation if the second party to the transaction violates the terms of cooperation;
- extension of the contract if necessary for the lessee;
- resumption of cooperation on new terms, which should be mutually beneficial.
If the contract is drawn up correctly, it can be used in court to defend the rights of each participant. Therefore, if the lessee refuses to transfer funds for various reasons, then he will be forced by a court decision to pay large compensation.
What costs does a lessor face?
When providing leasing to individuals or companies, the lessor is forced to bear certain costs. These include:
- acquisition of property that is the subject of a leasing agreement;
- expenses related toproviding various guarantees to the lessee;
- payment of property tax;
- if an item is bought in another state, then you have to additionally spend money on competent customs clearance and payment of customs fees and duties;
- shipping and installation costs, as well as equipment setup, if such actions are provided for by the agreement;
- Protection of property during its transportation or storage in a warehouse;
- expenses associated with maintaining and repairing the item.
Additionally, expenses may arise when registering an object transferred to a lessee. Therefore, all these costs must be covered by the income received from the leasing agreement. This leads to the fact that after a preliminary agreement, the lessor must make some mandatory calculations to determine the optimal monthly fee.
Responsibility of the lessor
The lessor is represented as a link between the user and the seller of the property. He has the necessary amount of funds necessary to purchase this item. Further, the property is transferred to the client, who can use it for its intended purpose, but does not become its owner.
The responsibility of the company that provides leasing services is as follows:
- if the company violates the interests or rights of the lessee, as well as the terms of the contract, the agreement may be terminated ahead of schedule, and the lessor does notwill be able to count on receiving compensation;
- if the property is provided for use to the second party to the transaction in violation of the terms, the lessee may demand a pen alty;
- If an item is sent that does not meet the client's requirements, this can lead to a significant reduction in monthly payments.
Therefore, it is in the interests of the direct leasing company to strictly follow the terms of the contract.
The lessor is represented by a company that is engaged in the provision of any property on lease to other firms or individuals. It can be represented by a citizen who has officially issued an IP. He has numerous rights and responsibilities.
If the lessor violates the points of the official agreement, he will have to bear responsibility for his actions. It is represented by early termination of the contract, lack of compensation and other negative consequences.