Conditions are provided for financial leasing agreements. Leasing agreement

15.04.2019

Treaty financial lease(leasing agreement) is an agreement by virtue of which one party (lessor, lessor) undertakes to acquire ownership of the property indicated by the other party (lessee, lessee) from a seller specified by him and provide the tenant with this property for a fee for temporary possession and use for business purposes .

The lessor under the leasing agreement is not responsible for the choice of the subject of lease and the seller.

The contract of financial lease is tripartite, compensated, consensual. Parties to the agreement:

lessor (lessor), which may be leasing company having a license to lease property;

tenant (lessee), which may be entity or an individual entrepreneur engaged in entrepreneurial activities;

the seller of property, which can be any capable person acting as the owner of the property being sold (the seller is chosen by the tenant, but the contract may provide for the choice of the seller by the lessor).

The subject of the contract is any non-consumable items used for business activities.

The contract is concluded in writing. For the execution of this agreement, the subjects of leasing must conclude binding and related agreements.

A binding contract is a contract of sale. Accompanying agreements - agreements on raising funds, collateral, guarantees, guarantees and others concluded in pursuance of the main agreement.

The essential terms of the contract are the subject, term, price of the contract, the procedure for accounting for the subject of leasing.

Types of leasing agreements:

according to the form, internal (subjects of the contract are Russian persons) and external (one of the subjects of the contract is a foreigner) are distinguished;

by type, they distinguish long-term (within three years), medium-term (from one and a half to three years), short-term (up to one and a half years);

by type, they distinguish financial, returnable (the seller acts as a lessee), operational (the lessor buys property at his own peril and risk) contracts.

The lessor is obliged:

to acquire ownership of the property chosen by the tenant from the seller indicated by him on the basis of a contract of sale; ensure the transfer of property to the tenant in a condition that complies with the terms of the contract and the purpose of the property.

The landlord is not liable to the tenant for the fulfillment by the seller of the requirements arising from the contract of sale, except in cases where the responsibility for the choice of the seller lies with him. In this case, the seller and the lessor shall be jointly and severally liable to the lessee.

The lessor does not act as the owner of the property at the time of the conclusion of the leasing agreement, but only assumes the obligation to acquire the property into its own ownership in order to lease it to the tenant. At the same time, the law imposes on him the obligation to warn the seller that the property is intended for leasing.

The lessee bears the risk of accidental loss or damage to the leased property, which passes to him at the time of the transfer of the leased property. The lessee has the right to make claims to the seller regarding quality, completeness, deadlines, etc. At the same time, he has the obligations of the buyer, except for payment for the goods, but he cannot terminate the contract of sale with the seller without the consent of the lessor.

The seller is obliged to transfer the property directly to the lessee at its location, unless otherwise provided by the contract. If the delay in the transfer of property is allowed due to circumstances for which the lessor is responsible, the lessee has the right to demand termination of the contract and compensation for losses. In this case, the risk of accidental loss or damage to the leased property passes at the time of its transfer to the tenant, unless otherwise provided by the agreement.

Question 27- this is an agreement by virtue of which one party (the owner of the dwelling or a person authorized by him (the landlord) undertakes to provide the other party (the tenant) with the dwelling for a fee in possession and use for living in it.

The contract for renting a dwelling is bilateral, paid, consensual.

Parties to the contract: landlord and tenant. An employer can only be a natural person. Legal entities can receive residential premises for temporary use for citizens to live in it only on the basis of a lease agreement.

The subject of the contract is a room intended and suitable in terms of sanitary and technical condition for permanent residence of people.

The tenancy agreement is concluded in writing.

The legislation distinguishes the following types of housing funds:

0 private (property of citizens and legal entities); 0 state (departmental); 0 municipal.

The grounds for the emergence of housing relations are an order (in the case of social hiring) and an agreement (commercial hiring and rent).

The tenant is obliged: to use the premises only for living;

to reorganize and reconstruct the residential premises only with the consent of the landlord; comply with the rules for the use of residential premises, its maintenance, the provision of public services; timely pay for the use of residential premises and utilities;

perform other duties stipulated by the contract of employment.

The landlord is obliged: to provide the tenant with free living quarters in a condition suitable for habitation; to evict the tenant from the residential premises occupied by him in compliance with the rules established by housing legislation, in case of violation by the tenant of the lease agreement; fulfill other obligations stipulated by the agreement hiring.

Question 28- this is an agreement by virtue of which one party (contractor) undertakes to perform certain work on the instructions of the other party (customer) and hand over its result to the customer, and the latter undertakes to accept the result of the work and pay for it.

The contract is bilateral, compensated, consensual.

Parties to the contract: the customer and the contractor, which may be individuals and legal entities.

Several persons may be the contractor under the contract at the same time.

The subject of the contract is the performance of a certain work, its result.

The form of the contract is written.

The contract must specify the start and end dates of the work. The duration of the period is determined by agreement between the customer and the contractor.

The price of the work or the way it is determined is specified in the contract. If the price is not indicated in it, then it is determined

through budgeting. The estimate can be part of the contract and becomes binding on the parties.

The contractor has the right to involve subcontractors in the performance of his duties. At the same time, he becomes the general contractor, who is liable to the customer for improper performance of obligations under the contract by the subcontractor and to the subcontractor. - for improper performance of the contract

customer. The contractor must:

independently, qualitatively perform the work stipulated by the contract; warn the customer and, until receiving instructions from him, suspend work if circumstances beyond the control of the contractor are discovered that threaten the suitability or strength of the results of the work being performed or make it impossible to complete it

use the materials provided by the customer economically and prudently, and upon completion of the work, submit a report on their consumption; start work on time and complete it on time, as well as meet intermediate deadlines;

transfer to the customer, together with the result of the work, information regarding the operation or other use of the subject of the contract;

upon receipt of a notice of the customer's refusal to fulfill the contract, stop work.

The reserve is obliged: to accept the work in a timely manner and inspect it for you

manifestations of shortcomings; pay the contractor the agreed price after the final delivery of the results of the work; fulfill the obligations stipulated by the contract for the transfer of materials, equipment, technical documentation or a thing subject to processing (processing) within the prescribed period; render assistance to the contractor in the case, volume and manner stipulated by the contract.

If the contractor violates the deadline for the performance of work, the customer may cancel the contract and demand compensation for losses if the performance has lost interest for him. If the contractor does not start the execution of the work contract in time or performs the work so slowly that it becomes clearly impossible to complete it by the deadline, the customer is also entitled to refuse to perform the contract and demand compensation for losses.

If the work is performed by the contractor with deficiencies that make it unsuitable for use, the customer has the right, at his choice, to demand from the contractor (unless otherwise provided by law or contract): to eliminate the deficiencies free of charge within a reasonable time; commensurate reduction of the price established for the work;

reimbursement of their expenses for the elimination of deficiencies, if the customer's right to elimination is provided for in the contract.

The condition of the contract on the release of the contractor from liability for certain shortcomings does not apply if it is proved that the shortcomings arose through the fault of the contractor.

If the customer's refusal to accept the completed work has caused a delay in the delivery of the work, the risk of accidental destruction of the manufactured (processed or processed) thing is recognized as transferred to the customer at the moment when the transfer of the thing should have taken place.

If the execution of work under the work contract has become impossible due to actions or omissions of the customer, the contractor retains the right to pay him the price specified in the contract, taking into account the part of the work performed.

CONTRACT FOR STATE NEEDS

A contract for state needs (state contract) is an agreement by virtue of which one party (executor) undertakes to carry out certain works (construction, design, etc.) stipulated by the terms of reference of the other party (customer), and the customer undertakes to accept work and pay them.

Work contracts for state needs are aimed at meeting the needs of the state and constituent entities of the Russian Federation, and are financed from the relevant budgets and extrabudgetary sources.

Parties to the agreement: the customer is a state body that has the necessary investment resources, or an organization endowed with the right to dispose of them; contractor - a legal or natural person who has the necessary license to perform the relevant work.

The subject of the state contract is the results of construction, design, survey and other works related to construction.

The contract is concluded in writing (after mandatory contract bidding).

The contract stipulates the volume, cost and types of work to be done, the timing, amount and procedure for financing and payment, ways to ensure obligations, start and completion dates.

The essential conditions of the contract are the price and methods of securing obligations.

The contractor has the right to demand from the state customer compensation for losses caused by a change in the timing of the work.

The obligations of the state customer to pay for contract work are guaranteed by the Government of the Russian Federation or the governing body of the constituent entity of the Russian Federation, depending on the funds from which the relevant work is financed. The fulfillment by the contractor of the obligations assumed may be ensured by means of a bank guarantee, surety, forfeit.

The parties under the contract are liable for violation of the obligations assumed under the state contract:

in case of non-compliance with the deadlines established by the contract for the performance of work, budget financing and preferential state lending for their implementation is suspended by the body that allocated the appropriate funds;

in case of violation of the construction deadlines, if there is fault, the contractor pays a fine. Under this contract, the following types of work are carried out: construction; design; others related to construction and repair

objects.

Question 29 is an agreement by virtue of which one party (the contractor) performing entrepreneurial activity undertakes to perform, on the instructions of the other party (customer), certain work designed to satisfy the household or other personal needs of the customer, and the latter undertakes to accept and pay for the work.

The contract of household work is public. Parties to the contract: the customer and the contractor. The client is a citizen. The contractor may be a legal entity or an individual entrepreneur carrying out the relevant entrepreneurial activity.

The subject of the contract is the result of work intended to satisfy the household or other personal needs of citizens.

The purpose of the contract is to satisfy domestic and other personal needs.

The form of the contract can be oral or written in accordance with the general rules of the Civil Code of the Russian Federation.

A feature of the consumer contract is the provision of the law that a change after the conclusion of the contract of prices for the materials provided by the contractor does not entail recalculation, it is not allowed to impose additional work or services on the contractor, and the customer is provided with ample opportunities to compensate for the consequences of the identified shortcomings (the right to free re-performance of work ; claims for reimbursement of expenses incurred to correct deficiencies on their own or with the help of third parties; in the case when deficiencies in work may pose a danger to life and health

customer and other persons, the period for filing a claim for their elimination is at least ten years).

If the customer refuses to accept the work, the contractor has the right, after two months after the customer's warning, to sell the result of the work.

The Rules for Consumer Services for the Population, a number of other documents state that the order of a citizen must be issued by a receipt (agreement) or the issuance of a cashier's check (ticket).

A construction contract is an agreement by virtue of which one party (contractor) undertakes to build a certain object or perform other construction work on the instructions of the other party (customer) within the period established by the contract, and the customer undertakes to create the necessary conditions for the contractor to perform the work, accept their result and pay the stipulated price.

The construction contract is bilateral, paid, consensual. Parties to the contract: the customer and the contractor. Customer - any individual or legal entity. The contractor is only a legal entity and an individual entrepreneur who has a license for construction activities.

The subject of the contract is the result of the work performed on the construction, reconstruction, installation, commissioning and other works inextricably linked with the object under construction.

The essential terms of the contract are price and term.

The contract is concluded for the construction or reconstruction of an enterprise, building (including a residential building), structure or other facility, as well as for the performance of installation, commissioning and other works that are inextricably linked with the facility under construction.

The contractor is obliged:

insure the risks of destruction of the object and materials;

carry out construction and related work in accordance with the technical documentation and estimates;

to build an object with their own means;

provide construction materials and equipment;

ensure the quality of work performed;

fulfill the orders and instructions of the customer.

The contractor has the right to demand:

payment provided for by the estimate of the cost of work, in case of destruction or damage to the object before it was accepted by the customer due to the poor quality of the materials, equipment, instructions provided by him, provided that the contractor warned the customer and suspended work before receiving instructions from him;

revision of the budget.

Question 30- this is an agreement by virtue of which one party (contractor, designer, prospector) undertakes, on the instructions of the other party (customer), to develop technical documentation and perform survey work, and the customer undertakes to accept and pay for their results.

The contract for the performance of design and survey work is bilateral, paid, consensual.

Parties to the contract: contractor and customer. The customer can be any person who needs the results of design and survey work.

The contractor may be a design organization that has the appropriate permits (licenses) to carry out such work.

The subject of the contract is the result of design and (or) survey work performed by the designer (surveyor), which are fixed in the technical documentation, or the result of the development of a feasibility study for the construction of an object, its project, working drawings, estimated cost and other documents necessary for the construction of objects in a certain place.

The contract is concluded in writing.

Survey work is carried out to study the natural conditions, territories, the site of the future construction of the facility, identify the availability of local building materials, sources of water supply, determine the feasibility and feasibility of building the facility in order to make economic and technical justifications for decisions.

The contractor is obliged: on the instructions of the customer to develop technical documentation or perform survey work; perform work in accordance with the assignment and other initial data for the design and the contract; coordinate the finished technical documentation with the customer, and, if necessary, with the competent authorities and local governments; transfer to the customer the finished technical documentation and the results of survey work; ensure the proper quality of the documentation drawn up and the performance of survey work.

The sanctuary is obliged: to accept and pay for the results of the work or to make a staged payment for the work performed; use the technical documentation received from the contractor only for the purposes stipulated by the contract, not to disclose the information contained in it without the consent of the contractor; assist the contractor in the performance of design and survey work to the extent and on the terms stipulated by the contract; together with the contractor, take part in the approval of the finished technical documentation in the relevant state bodies; reimburse the contractor for additional expenses that are caused by a change in the initial data due to circumstances beyond the control of the contractor; attract the contractor to participate in the case on a claim brought against the customer by a third party in connection with the shortcomings of the technical documentation drawn up or the survey work performed. The contractor is liable for improper performance of work, including deficiencies discovered during the construction or operation of the facility.

The customer is responsible for the untimely provision of information for documentation or non-payment of the results of the work performed.

Responsibility is expressed in the form of payment of a penalty, penalty interest, compensation for losses.

A research and development contract is an agreement by virtue of which one party (executor) undertakes to conduct scientific research determined by the terms of reference of the other party (customer), and, under a contract for development and technological work, to develop a sample of a new product, design documentation for it or new technology, and the customer undertakes to accept the work and pay for it.

Parties to the contract: the contractor (research, design and technological organizations) and the customer, which can be any individuals and legal entities.

The peculiarity of the contract lies in the fact that the risk of accidental impossibility of execution of contracts for the performance of research, development and technological work is borne by the customer.

Question 31- this is an agreement by virtue of which one party (right holder) undertakes to grant the other party (user) for a fee for a period or without its indication the right to use in its business activities a set of exclusive rights that belong to the right holder, to grant rights to a trade name, protected commercial information .

A commercial concession agreement is bilateral, paid, consensual.

Parties to the agreement: the copyright holder and the user. Any individual can be a copyright holder. The user can be commercial organizations and individual entrepreneurs.

The subject of the agreement is exclusive rights, the right to use inventions.

The contract is concluded in writing and is subject to state registration. Accordingly, if the parties make a change to the contract, they must also be registered in the manner prescribed by law.

The essential terms of the contract are the subject of the contract and the price.

The right holder is obliged:

transfer technical, commercial documentation, provide information, instruct the user on the implementation of rights;

issue licenses to the user; ensure the registration of the contract; provide the user with ongoing technical and advisory assistance, assistance in training, advanced training of employees. The user is obliged:

use the means of individualization in the specified way;

ensure the quality of goods, works, services; comply with the instructions and instructions of the copyright holder; provide additional services provided by the copyright holder; not to disclose production secrets; inform buyers that he uses the means of individualization under a commercial concession agreement.

The liability of the parties to a commercial concession agreement arises regardless of fault, according to the rules of liability for obligations in the course of entrepreneurial activity.

Responsibility of the copyright holder occurs only in case of discrepancy between the quality, assortment, completeness, terms and other conditions of the user agreement with his counterparty. In this case, the copyright holder bears subsidiary liability.

The contract is terminated in the following cases: unilateral refusal of the contract concluded without specifying the term (either party, having previously notified the other party six months in advance, has the right to withdraw from the contract); unilateral withdrawal of the user from the contract in the event of a change in the company name or commercial designation of the copyright holder; termination of the rights to a company name and commercial designation belonging to the copyright holder without replacing them with new similar rights;

the death of the right holder, if the heir does not register as an individual entrepreneur within six months from the date of opening the inheritance;

declaring the right holder or user insolvent (bankrupt) in the prescribed manner;

in other cases provided for in Ch. 26 of the Civil Code of the Russian Federation.

By DFA (leasing agreement ) the lessor undertakes to acquire ownership of the property specified by the tenant at a certain seller and provide the property to the tenant for a fee temporary possession and use for business purposes. MB provides that the choice of the seller and the property to be acquired is carried out by the lessor. If the tenant state-financed organization- db choice imply by landlord

Regulation of the Civil Code of the Russian Federation, Federal Law "On financial lease (leasing)".

JURID CHARACTERISTICS

compensated,

Mutual (synallagmatic),

Bilateral

consensual,

Entrepreneurial.

Item:

Ø name for business purposes,

Ø the cat is NOT consumed and NOT destroyed in the process of its use, but only undergoes gradual wear,

Ø new, specially acquired by the landlord solely for the purpose of renting it out (not previously used by the landlord)

Ø cannot be land and other natural objects (rivers, lakes).

Im-in transferred by the seller directly to the tenant at the location of the tenant. (unless otherwise mouth-but DFA)

LESSOR (no license required to engage in leasing activities),

TENANT - y\l, IP-l.

SELLER – any person. The financial lease agreement may provide that the choice of the seller and the acquired property is carried out by the lessor.

Financial lease participants are interconnected by 2 agreements: DFA (leasing) between the lessor and the lessee and DCT between the lessor (buyer) and the seller of the arena.

Form: 1. according to the Federal Law "On Leasing" - regardless of the term, it is written form

2. DFA of real estate is subject to state registration unless otherwise oral by law

Rent.

The total amount of lease payments for the entire period of the contract = the cost of the leased property + payment for the services of the lessor. Perhaps - the redemption price of the leased asset is included in the lease payments.

Contract term. A financial lease (leasing) agreement is concluded for certain period.

Landlord's obligation:

Buy them in the property.

Transfer it to them-to the tenant

- notify the seller on the transfer of them for rent to a specific person

Tenant Responsibilities:

1. determines what he needs

2. indicate the seller of them-va. BUT: in DFA, maybe. presumably - the choice of the seller lies with the landlord.

3. Take them in

4. pay the rent

5. transfer aren-e im-in subleasing with the consent of the lessor

6. bears risk of accidental death or accidental damage to the aren-go im-va, which passes to the tenant at the time of transfer of the aren-go im-va to him. (unless otherwise mouth-but DFA)

7. bear the cost of cap. repair and related to the operation

8. bears responsibilities under the DCT, as if you were a party to the PrEP (except for payment)

Tenant rights:

ü It is possible to redeem the subject of leasing into the ownership of the lessee, if it is provided for by the contract.

ü present seller requirements arising from the DCT in cases of improper execution dct seller(including in relation to quality, completeness, terms).

ü NOT able to terminate the PrEP (because not a party to the PrEP)

ü has buyer's rights under the DCT as if you were a party to a dct

ü m. terminate the DFA and claim damages if the lease is NOT transferred to the tenant through the fault of the landlord.

Responsibility:

The landlord is responsible to the tenant for the fulfillment by the seller of the requirements arising from the DCT, if the landlord chooses the seller.

Relative to seller tenant and landlord solidary creditors .

The tenant can make claims arising from the PrEP, and the landlord and the seller, the cat is solidary answer ( In cases where the responsibility for the choice of the seller lies with the lessor).

Hello! Today we will talk about what a leasing (financial lease) agreement is and talk about the features of its conclusion and termination.

In today's economic conditions, leasing transactions can be an excellent alternative to conventional leases. With the help of this up-to-date financial instrument, any legal entity can expand its activities, supplement its fleet or upgrade its production facilities. For small businesses, leasing becomes a necessity, helping to avoid credit bondage and certain risks.

Types and essence of a leasing transaction

To get started, read the article about. Leasing is a special type of enterprise that involves the purchase of property or vehicles in installments. This option combines the properties of a financial lease, but has some features. Like any transaction, it provides for the conclusion of a special agreement, which will indicate important points and nuances.

Unlike the usual financial lease, leasing transactions involve several participants and complex stages. They begin with the selection of the necessary equipment and end with its purchase of property after a period of time specified in the document. It is the conclusion of the contract that is the direct basis for the implementation of all subsequent actions and payments. Therefore, the entrepreneur must carefully study it and try to take into account all the important parameters for himself.

Before signing the contract, it is necessary to familiarize yourself with all the intricacies of the leasing procedure. This special kind long-term lease, allowing the tenant to subsequently redeem the object of the transaction. The contract itself can be concluded for any period (from 6 months to several years) by mutual agreement of the parties.

Any expensive equipment, vehicles, working capacities and workshops can act as the object of the transaction, in relation to which a leasing agreement is drawn up. Until recent changes in legislation, it was possible to acquire in this way only the necessary for the main production process objects. Now the restrictions have been lifted and more and more enterprises are purchasing solid cars for management.

Most contracts are concluded in two main areas of long-term lease:

Operational leasing(with incomplete depreciation) - the leasing company transfers the object of the transaction for temporary use and possession under certain conditions. This option is rarely used in domestic practice.
Purchase lease - the company undertakes to buy the necessary object and transfer it to the lessor for use for a certain regular fee. This more common option provides that the subject of the lease agreement will subsequently be redeemed at the residual value. This is a kind of long-term loan for the development of an enterprise, in which investments are various equipment or production equipment.

The main purpose of a leasing agreement is to consolidate relations between all participants in such a leasing transaction in order to avoid complex disputes, delineate their powers and determine the sequence of all actions.

All the main subjects of the leasing agreement will be necessarily indicated in the drawn up document:

Lessor: this role is often played by specialized companies, which may refer to specific banks. They are the link between the manufacturer of equipment or the seller production capacity and the future owner of the property. For the entire period of the agreement, it is the lessor who is the owner of the object of the transaction, transferring it for use.
Lessee: a certain legal entity that takes an object for long-term use for a certain payment with the ability to buy it back for a small residual value. It can be any enterprises, firms or non-profit organizations that plan to use the transport or equipment specified in the contract in the course of their activities.
Object seller- any individual or legal entity that sells the property or equipment necessary for the leasing company under certain conditions under a sale and purchase agreement.

As a lessor, specialized companies almost always act. The provision of long-term financial lease services is their main line of work. Often these are subsidiaries of large banks, which may even have similar names.

Typically, a leasing company specializes in one of the areas (vehicles or only production equipment), providing a full range of services for it. They cooperate with trusted insurers, service stations to ensure the safety and quality of the object of the leasing transaction.

It is legally stipulated that interested third parties may take part in the transaction. In this case, additional contracts are drawn up with them:

Lenders;
Guarantors;
Contracting organizations;
Legal entities that serve the leased object during operation.

Must be involved in the deal Insurance Company. More often it is chosen by a company providing leasing services, wishing to insure all property transferred to operation from damage or theft. Sometimes the leasing company can provide a list of insurers to choose from, with which you can conclude an agreement.

Objects of the leasing agreement

With the help of leasing, many small enterprises can replenish their production capacities and implement new projects without large financial costs. Almost any type of movable or immovable property can be the subject of a leasing agreement:

Structures (for workshops, garages, warehouses);
Building;
Whole enterprises;
Agricultural machinery;
Communication facilities and equipment different type(satellites, radio stations);
Various transport (including freight or construction, railway cars).

An exception for a leasing operation are natural objects, land plots and any weapons. This means that for the transaction, you can choose objects with free circulation on the domestic market, which do not require special permits.

Many companies at the stage of formation are increasingly paying attention to leasing, preferring such an economical way of renting to conventional loans with high interest rates. The decisive role is played by the ability to use the equipment almost immediately for production purposes, paying monthly payments from profits, while reducing costs.

Features of the leasing agreement

The most common of the practiced options is a contract financial leasing. In legal and economic practice, it is distinguished in separate view lease agreements. With it, the contract combines the fact of transfer of property into temporary possession and operation to a third-party enterprise, which is carried out on a paid (compensated) basis.

A leasing agreement as a type of lease agreement is in the very essence of the document: the lessor undertakes to purchase the property or equipment necessary for the future tenant from a certain seller, and then transfer it for long-term use for a certain fee. The lessor himself, in the role of which the leasing company acts, does not bear any responsibility for the choice of the seller and the model of the equipment.

The law makes an exception for budgetary organizations: in this case, the contract provides that the choice of the seller of the necessary equipment is entirely within the competence of the leasing company.

The essential terms of the leasing agreement largely coincide with the registration of the lease, but there are some subtleties:

The seller of the equipment or other leasing object is not indicated as one of the parties, but also acts as an obligated person on a par with the leasing company and the lessee;
Unlike the usual lease agreement, the lessor is obliged to immediately notify the seller that this property will be transferred under the leasing agreement to another legal entity;
The main role in concluding a leasing agreement belongs to the lessor, which is the leasing company;
The leasing agreement prescribes a specific financial lease scheme: the lessor acquires the property at his own expense from the seller, and the latter immediately transfers it to the lessee for use. In this case, the car or equipment is delivered directly from the seller, bypassing the leasing company.

The document must necessarily indicate the responsibility of the parties under the leasing agreement, which concerns the maintenance of the leased equipment, payment of various fees and taxes.

Essential terms of the leasing agreement

This legal term denotes in the document those conditions that can directly affect the amount of the transaction, the amount of payments and taxes, the overall assessment of the effectiveness of the entire leasing operation. At the same time, the "legal" and "economic" list of such conditions differ in number, and the first one will always contain fewer items. Therefore, the concept of "material" is often understood as the financial issues of the transaction.

When working on a contract, it is necessary to analyze and agree on such essential conditions, on which all parties should reach a compromise and observe in the future:

All characteristics of the object of the leasing transaction, including its name, model, specifications, quality and quantity;
The amount of the lease agreement and the value of the object under the purchase and sale agreement. This information can be attached in a special supplement so as not to overload the voluminous text of the document;
All obligations to pay taxes and fees upon the purchase and operation of the subject of the transaction, including payments to the budget and relevant funds;
The total price of the leasing agreement, which includes the amount of the leasing company's remuneration;
The size and frequency of payment of regular payments;
Responsibility of the seller for the supply of the subject of leasing;
Circumstances of a possible early return of the subject of the transaction;
The total duration of the contract;
Rights and financial responsibility of the parties to the agreement, including the possibility of further redemption of the object into ownership;
Terms of maintenance and operation;
Information about the type of insurance of the subject of the contract itself and the risks from the transaction;
Information about additional guarantees, pledges or money deposits;
Any possible force majeure circumstances.

The agreement can be supplemented by any clauses that are important for all parties to the leasing transaction. This will help to avoid many controversial and unpleasant situations during cooperation. Failure by the parties to comply with such essential points may lead to lengthy litigation.

Before concluding a contract with a leasing company, an application is submitted. It indicates not only the model, but also the main characteristics of the desired object (a car leasing agreement even provides for specifying the body color and other external configuration). Such precise identification is necessary in order to avoid possible misunderstandings on the part of the lessee in the future regarding the discrepancy between production capacities or parameters.

A detailed description is also necessary for subsequent checks of the condition of safety and operation of the rented equipment or car, as well as for their possible withdrawal in case of violations of the contract. For the lessee himself, the preparation of such a clarifying description is a guarantee of the lease (and subsequent purchase) of exactly the required item.

The rights of possession and use of the subject of a leasing transaction must also be fixed in the contract. Attention is paid to the ability to refurbish, modernize or sublease the property. The latter may be prohibited by the leasing company and secured by the contract, although it is not prohibited by law.

The agreement also specifies the conditions for the transfer of the subject of financial lease. In this paragraph, the place, time and all conditions are prescribed with particular accuracy. This is an important necessity, because from that moment on, all responsibility is transferred to the shoulders of the lessee, who is financially responsible for the received subject of the transaction. When renting equipment, they often even indicate the place of its operation, which can be changed only with the permission and under the control of representatives of the leasing company.

Attachments to the contract

The document is always in writing. It details the rights and obligations of the parties under the lease agreement. All features are built on a combination of two main operations:

Typical relationships that arise when renting;
The need to conclude a separate sale and purchase agreement on the object of the transaction with the seller and its further transfer.

The parties to the leasing agreement act simultaneously as a seller and a buyer with different sides. This requires additional conclusion of related agreements:

Guarantee agreement;
On raising funds;
surety agreements;
Pledge agreements.

Documents confirming the full insurance of the equipment or car against any damage, theft or loss must be attached. Sometimes the conditions and place of maintenance are singled out separately, which is especially common if a leasing agreement is drawn up. vehicle.

According to the legislation, the rights of the parties, execution and other features of the leasing agreement are fully regulated by:

Federal Law "On Financial Lease" No. 164-FZ;
State civil law.

The contract must contain requirements for the seller in terms of quality and configuration, terms of transfer or redemption, as well as any other clarifying information. For reliability, it is confirmed by certificates or financial documents.

The procedure for concluding a leasing agreement

Different leasing companies can independently set deadlines for checking documentation, but the general procedure for concluding a leasing agreement is practically the same in all stages:

The lessee must choose the seller of the necessary equipment, the leasing company, determine the financial possibilities;
A package of prepared documents is submitted to a potential lessor, indicating all the nuances in the application;
Employees of the company, together with the security service, carefully analyze the provided documentation for the accuracy of all data, as well as the solvency of the new client;
After approval, the execution of the leasing agreement itself begins. It indicates all the main points regarding payment, amount and validity period, the further redemption of the object is necessarily stipulated;
The initial advance payment under the leasing agreement is indicated, after which the machinery or equipment is transferred to the use of the tenant.

The conclusion of the document requires a balanced approach, so the parties to the leasing agreement are trying to attract competent lawyers. They will indicate possible pitfalls and controversial points.

Rights and obligations of the lessor

This role is played by leasing companies, which throughout the entire term of the contract are the actual owners of the subject of the financial transaction. They just give it away for temporary and paid use. In addition, the main specified rights and obligations of the lessor:

Purchase at your own expense from the named seller certain machinery or equipment, pay all costs associated with the purchase and sale transaction;
Transfer it for further use to the lessor on certain conditions;
Withdraw the subject of the transaction if the performance of the leasing agreement in any part of it is violated;
Sell the object at the residual value after the expiration of the document.;
To exercise financial control in the part that relates to the settlement of payments for the leased facility, for its technical support. This is done as needed through written requests.

The lessor company must monitor compliance with the clauses of the contract that relate to the safety and correct operation. For this, special inspections by the security service or the technical department may be carried out. The number and frequency of checks is determined in a separately enclosed addendum.

Rights and obligations of the lessee

The role of the lessee is an individual or legal entity that applied to the leasing company for the purpose of renting certain property. In the executed leasing agreement, his rights and obligations are fixed:

Accept the subject of the transaction for use for the period specified in the contract in the manner prescribed and approved by the parties;
Pay regular contributions in the agreed amount in compliance with the deadlines;
Upon expiration lease agreement buy property into ownership or return it to the lessor (based on the previously discussed option);
Comply with all safety and security requirements stable operation leased property;
Provide the lessor with complete and truthful information on issues related to the subject of the contract.

Typically, the contract states that all costs for Maintenance, repair or adjustment of equipment is undertaken by the lessee. In some cases, they are immediately paid by the leasing company to the seller of the property, but in the future these costs will be included in the amount of the contract.

Purchase price under a lease agreement

According to statistics, most leasing transactions end with the purchase of the leased property. This procedure is especially in demand if a car or other vehicle leasing agreement is concluded. The redemption value is understood as the price of the object of a leasing transaction under normal conditions of purchase and sale. But the peculiarity of leasing is that the item goes into production almost immediately to the lessor, and its price is paid to the owner in parts.

Each regular payment that comes from the company consists of two amounts:

Payments for temporary lease of property, which is the profit of the leasing company;
Directly the redemption value, which compensates for the price of the leased property.

Leasing companies have different approaches to the calculation and execution of lease payments, which are taken into account when concluding an agreement:

The redemption value is allocated in a separate amount, which will be paid after the end of the transaction and the contract.
The redemption value is included in the total amount of the contract and is paid simultaneously with the regular payments.

Sometimes in contracts there is a symbolic redemption amount, for example, in the amount of 1000 rubles. This is due to the need for proper registration of property in the accounting and tax accounting of the enterprise. Term beneficial use under the leasing agreement expires and the lessee acquires the previously leased property from the company at this cost. The posted residual value under the lease agreement gives the right to put the fixed asset on the balance sheet even if it is fully depreciated.

The owner determines the total amount by entering it into the buyout lease agreement. It is divided by the number of planned payments. They can be monthly or quarterly as agreed by the parties. For legal entities that have a seasonal nature of production, it should be possible to make payments only during the period of operation of the leased equipment or machinery.

Term of the lease agreement

The duration of the financial lease agreement is understood as the period of fulfillment of all conditions by the parties up to the redemption of the subject of the transaction. Often it is calculated from the moment of signing. The end is the transfer of rights to the tenant and fixing this in a special act of transfer.

The term of the contract and the term of the lease are slightly different concepts that differ in a short period of time. In the second case, the process of putting the equipment into operation is considered to be the beginning. It is somewhat shorter than the term of the contract due to the delay due to the delivery, installation and debugging of equipment or technology, which takes a lot of time.

Thus, the leasing agreement can be concluded for any period that suits both parties. But the actual period begins to be calculated only from the moment of the complete transfer of the item to the balance of the lessee. This is important for proper design. financial documents and calculation of the amount of mandatory regular payments. At the same time, some of them can be paid under the contract at the time of signing the act of transfer and putting the equipment into operation.

After agreeing on the detailed terms, the potential lessee should carefully consider and calculate the planned settlement of lease payments (or repayment schedule). It should include all direct and indirect costs, including interest on payments and bank transfers, the redemption value and the advance on the lease agreement.

To calculate the amount under the leasing agreement, the company needs such clarifications as the approximate period of the agreement, the amount of the down payment and the estimated payment period. The initially drawn up schedule with the amount rather serves to assess the financial capabilities of the client and the risks for both parties and will be adjusted more than once during the discussion by the parties.

It is necessary to clarify such points before the final conclusion of the leasing agreement at the stage of scheduling and check the compliance of the amounts in the articles of the document. After its signing, the claims will have to be resolved in court.

Depreciation under a lease agreement

The possibility of using the accelerated depreciation method when executing a leasing agreement is another advantage of this financial lease option. The material benefit of the technique is obvious for any legal entity:

Reduction of property tax;
Reducing income tax;
The possibility of acquiring an object at a minimum cost after the expiration of the contract.

In the first case, the tax base itself is reduced, which is calculated on the basis of the residual value of the leased equipment or car. The use of accelerated depreciation helps to quickly write off the cost of such fixed assets, and therefore reduce tax payments to the budget.

In turn, large depreciation payments reduce the tax base for calculating income tax. This happens throughout the duration of the leasing transaction.

All important issues should be reflected in the concluded leasing agreement. The main one is the determination on whose balance sheet the subject of leasing will be taken into account. Often these are legal entities that benefit financially from such an arrangement. The total amount of depreciation cost for the entire period of validity of this agreement must be agreed upon.

VAT on a leasing agreement

Value added tax is one of the main ways to replenish the budget. Almost any service and goods produced are subject to this tax, so lease payments are no exception. The calculation largely depends on the balance holder of the subject of the contract. This can be an advantageous situation for the lessee, who, with a leasing agreement, takes on the balance of new equipment or a car. Thanks to this, he has a legal right to a VAT refund, but subject to certain conditions:

The subject of a leasing transaction must participate in financial transactions subject to VAT (for example, its purchase and sale);
Its cost includes VAT;
It must be taken into account in accounting documents;
Invoices must be provided for transferred lease payments.

This will give the company the full right to apply to the tax authorities with documents confirming the possibility of deduction:

Leasing agreement with full schedule repayment of lease payments;
Checks or money orders, bank statements confirming regular payments and absence of debt.

The tax base is formed on the basis of the initial cost of the leasing object, so it is important to take into account all the costs of delivery, installation and insurance of the object of the financial transaction. In any case, issues related to the accrual and procedure for paying VAT in leasing operations remain the subject of disputes even among competent lawyers, and often bring the parties to the agreement to court.

End of the lease agreement

The contract can be terminated in the usual scheduled manner in accordance with due date. This is a planned completion of the transaction, in which the property is either returned to the leasing company or redeemed by the lessee.

Sometimes the document provides options for which the termination of the leasing agreement may be earlier than planned:

Early repayment of the lease agreement;
Early termination at the initiative of one of the parties.

The first option refers to the possible redemption of the subject of the contract ahead of time. In fact, this is the termination of the leasing agreement by the lessee, which is possible 9–12 months after the transaction. To do this, you must make all the amounts of payments included in the schedule, taking into account interest and profits of the leasing company.

Termination of a lease agreement at the initiative of the lessor often occurs when various obligations are violated: payment delays, improper operation or storage conditions. In this situation, the withdrawal of the subject of the contract, the imposition of fines or penalties becomes quite real. Ideally, all grounds should be listed in detail in the contract.

A separate item is always considered the sequence of actions in the event of a complete loss of the leased asset. This may be theft, a man-made accident or a fire that can completely destroy the leased object. As the main person who bears full responsibility for the transferred leased property, the lessee will be required to fully repay all remaining regular payments, including the profit of the leasing company.

To compensate for losses in such an unpleasant situation, the subject of the transaction is always insured for full cost. If the amount received from the insurer is not enough to cover all costs, the lessee has to pay extra up to the indicated price contracts with their profits.

Assignment of rights under a lease agreement

Sometimes during the term of a leasing agreement, situations arise that require the assignment of rights by one of the parties to the transaction. In this case, all obligations, including financial ones, are transferred to the new participant in the transaction in full. This is often used in case of loss of solvency by the lessee.

There are several options for solving such a problem, each of which has a specific name in legal practice:

Assignment - assignment of the right to pay a debt;
Transfer - the object is transferred to the second tenant along with all the rights of use;
Purchase and sale of a leasing transaction - the new tenant acquires all rights and obligations, compensating for previously paid lease payments.

The last type of transaction means full transmission rights to a third party, and the transfer is only a partial assignment.

Car Leasing Features

The purchase of cars through leasing is gaining more and more popularity, occupying at least 30% of all transactions on the market.

In this way, you can buy a new or used car with any parameters. The conditions and percentages are the same for cars with different engine sizes, so the choice depends on personal preference.

The main advantages of car leasing experts call:

Good amount of general discounts;
A small advance payment (sometimes its complete absence);
Fast time for consideration of applications and a package of documents;
Possibility to include all expensive maintenance and insurance costs in regular lease payments;
Convenient payment schedule.

For legal entities, the undoubted advantages include the possibility of accelerated depreciation and reduced taxation. Nice bonuses in the form of discounts on spare parts or free service in service stations contribute to saving the budget of both an individual and the whole enterprise.

Many leasing companies have greatly facilitated the submission of a package of documents for individuals. If there is a down payment, sometimes it is enough to attach a certified copy of the passport and code to the application. To purchase budget car models, you may not even need proof of solvency or guarantees from guarantors.

Among negative points Purchasing a car on lease can be noted:

The inability to tune and re-equip the car to your liking;
Binding to certain service stations that are specified in the contract;
Penalties and unfavorable conditions in case of early termination of the lease agreement.

With regard to car leasing, there is also the possibility of losing the car as a result of theft or an accident, so full-value insurance is important issue specifically for the lessee. This is the only chance to recover your losses in case of an unforeseen situation.

The contract must necessarily list all the reasons for the withdrawal of the car by the lessor and early termination of the transaction. Most often this is a violation of the payment deadline or a delay of more than two months. The car is withdrawn, and all previously paid amounts are not returned to the owner. They become punitive damages and must cover the depreciation of the vehicle.

Despite the controversial points and disadvantages, the leasing agreement is quite beneficial for legal entities and individuals. A correct and complete document, which will take into account the interests of all parties, will be the key to long-term and conflict-free cooperation.

Samples of a leasing, subleasing agreement + agreements for download

Download the leasing agreement for complete equipment with the annex on the installation of equipment by the seller's specialists
Download equipment leasing agreement
Download the leasing agreement for permanently installed property with the transfer of ownership
Download vehicle leasing agreement
Download subleasing agreement
Download leasing agreement
Download the agreement on termination of the financial lease (leasing) agreement
Download Tripartite Leasing Agreement Seller Lessor Lessee

FINANCIAL LEASE (leasing)

(English to lease - to rent) - civil legal contract, according to which the lessor (lessor) undertakes to acquire ownership of the property indicated by the lessee (lessee) from the seller specified by him and provide the lessee with this property for a fee for temporary possession and use for business purposes.

D.f.a. is a type of lease agreement, and it is subject to general provisions about the lease agreement. The peculiarity of a financial lease is that its subject is property specially acquired by the lessor for the purpose of leasing it.

The meaning of such an agreement for the tenant is. in the opportunity to receive expensive equipment without immediately paying its full cost (i.e., in fact, on credit), and for the manufacturer-seller, on the contrary, in the opportunity to immediately receive the full cost of the equipment at the expense of the intermediary-lessor (lessor). Therefore, banks, other credit organizations or organizations created by them often act as lessors here, thus obtaining a profitable opportunity to invest free funds, i.e. essentially financing this deal.

Originating in the USA in the middle of the last century, D.f.a. has been widely used in the business practice of firms in all countries.

Leasing, found recognition in judicial practice many countries without special legislative regulation(USA, Germany, Japan, etc.), but in some countries special regulations on leasing relations have been issued (France - law of July 2, 1966; England - law on lease and sale of 1965). The wide distribution of this type of agreement led to the development of the Convention on International Financial Leasing, signed in Ottawa on May 28, 1988, the main purpose of which is to remove legal barriers in its path.

World practice and doctrine distinguish two forms of leasing: financial leasing, sometimes called genuine leasing, and operational, or operational, leasing.

Unlike a conventional lease agreement, financial leasing covers a more complex set of economic and economic relations, the participants of which are not two, but three parties:

a manufacturer (supplier) of machinery or equipment, a leasing company (lessor) and a user company (tenant).

An operating lease agreement is concluded for a period significantly less than full term property depreciation. and after its expiration, the object is re-rented. The tenant's right to acquire ownership of the property is excluded. It is assumed that the lessor will provide services to maintain the property in working condition.

Although the Civil Code of the Russian Federation does not link leasing with the gradual acquisition by the tenant of the leased property by paying lease payments, such a possibility is not excluded. Moreover, the total amount of lease payments should include the full (or close to it) value of the leased property at the time of the conclusion of the contract. In this case, rental

the payment under the leasing agreement is also redemption. If a lease agreement is concluded for a period significantly shorter than the standard service life of the relevant property, which implies the possibility of repeatedly renting out such property, the rules on leasing (financial lease) do not apply to it. In France and Belgium, the condition for the tenant to buy out the equipment at the end of the lease term is a mandatory clause of the leasing agreement, in the USA it is included at the discretion of the parties, in the UK, on the contrary, it is excluded by law.

A feature of the composition of the parties to the leasing agreement is the presence of three persons:

the seller (manufacturer) of the property, its purchaser - the lessor (lessor) and the lessee (lessee). The lessor concludes a contract of sale with the seller of property intended for lease, and with the tenant - D.f.a. The terms of these two contracts are interrelated, and in essence the lessee of the property participates in the conclusion of the contract of sale as an interested person. Although the tenant is not in a contractual relationship with the seller of the property, however, he is endowed with a number of rights and obligations in relation to him.

The lessor is a company that has a license to lease property. The lessee may be a legal entity engaged in entrepreneurial activity or an individual entrepreneur.

The subject of the contract is any non-consumable things used for business activities, except for land plots and other pri-;

native objects.

The main obligation of the lessor is (unlike a conventional lease) to acquire ownership of the property chosen by the lessee from the seller indicated by him on the basis of a contract of sale. The agreement may provide that the choice of the seller and the acquired property is carried out by the lessor.

Transfers the subject of the lease agreement to the tenant directly by the seller of the property, and not by the lessor, unless otherwise provided by the agreement itself.

The usual obligations of the landlord (make major repairs, warn the tenant of the rights of third parties to the leased property and reimburse the cost agreed with

inseparable improvements) in the leasing agreement remain unchanged. All the usual duties of a tenant are similar. In addition to them, the tenant bears the risk of accidental loss or damage to the leased property.

If the tenant himself chooses the seller and the property, the landlord is not responsible for his shortcomings. Accordingly, the tenant has the right to directly present to the seller of the property that is the subject of the DFA, the requirements arising from the sale and purchase agreement concluded between the seller and the lessor. At the same time, the tenant has the rights and bears the obligations provided for by the Civil Code of the Russian Federation for the buyer, except for the obligation to pay for the acquired property, as if he were a party to the contract for the sale of the said property. However, the tenant cannot terminate the contract of sale without the consent of the landlord. In relations with the seller, the lessee and the lessor are jointly and severally liable. If the choice of the seller was made by the lessor, the lessee has the right, at his choice, to present the claims arising from it. from the contract of sale, both directly to the seller of the property, and to the lessor, who are jointly and severally liable towards him.

The peculiarity of the conclusion of D.f.a. It is also manifested in the obligation of the lessor to indicate in the contract of sale that the property is acquired with the aim of leasing it to such and such a person.

Lit .: Civil law in 2 volumes. Volume 2: Textbook. M., 1993; Civil Law: Textbook. Part 2. Second edition / Edited by A.P. Sergeeva, Yu.K. Tolstoy. M., 1997; Civil and commercial law of capitalist states: Textbook. M., 1993; Evstratov A. Leasing operations in foreign commerce//Material and technical supply. 1990, No. 1. S. 93-94; his own: Leasing in the USSR. Prospects and reality // Material and technical supply, 1990, No. 2. P. 93;

Amurzhuev O. Leasing: development prospects//Economy and law. 1991. No. 9. S. 49.

Law Encyclopedia. 2005 .

See what the "FINANCIAL LEASE AGREEMENT" is in other dictionaries:

Financial lease agreement- (English contract of leasing) in the Russian Federation, a civil law contract, according to which the lessor (lessor) undertakes to acquire ownership of the property indicated by the lessee (lessee) from the seller specified by him and ... ... Encyclopedia of Law

See Leasing Agreement... Law Dictionary

finance lease agreement Technical Translator's Handbook

See Leasing Glossary of business terms. Akademik.ru. 2001 ... Glossary of business terms

- (LEASING AGREEMENT) according to the civil legislation of the Russian Federation (see Art. 665 670 of the Civil Code of the Russian Federation) a type of lease agreement under which the landlord undertakes to acquire ownership of the property indicated by the tenant from a seller specified by him and ... ... Encyclopedic Dictionary of Economics and Law

Financial lease agreement- (leasing) - an agreement under which the lessor undertakes to acquire ownership of the property specified by the tenant from the seller specified by him and provide the tenant with this property for a fee for temporary possession and use for ... ... Commercial power industry. Dictionary-reference

FINANCIAL LEASE- an agreement under which the lessor undertakes to acquire ownership of the property indicated by the lessee from the seller specified by him and provide the lessee with this property for a fee for temporary possession and use for business purposes ... Big accounting dictionary

finance lease agreement- see leasing agreement. * * * (English contract of leasing) in the Russian Federation is a civil law contract, according to which the lessor (lessor) undertakes to acquire the property indicated by the tenant (lessee) ... Big Law Dictionary

Financial lease agreement (leasing)

In accordance with Art. 2 of the Federal Law of October 29, 1998 "On Leasing" leasing is a type of investment activity for the acquisition of property and its transfer on the basis of a leasing agreement to individuals or legal entities for a certain fee, for a certain period and on certain conditions stipulated by the agreement, with the right to purchase property by the lessee. Leasing activities are subject to government investment policy, in particular tax and depreciation incentives. A leasing transaction is understood as a set of agreements necessary for the implementation of a leasing agreement between the lessor (lessor), the lessee (tenant) and the seller (supplier) of the leased asset.

From the foregoing, it follows that leasing relations are a system of relations generated by a complex legal composition: first, a leasing agreement is concluded, then a sales contract. Leasing relations can be formalized by a tripartite transaction involving the lessor, the lessee and the seller.

According to Art. 665 of the Civil Code, under a financial lease (leasing) agreement, the lessor undertakes to acquire ownership of the property specified by the lessee from the seller specified by him and provide the lessee with this property for a fee for temporary possession and use for business purposes. IN this case the lessor is not responsible for the choice of the subject of the lease and the seller. The financial lease agreement may provide that the choice of the seller and the acquired property is carried out by the lessor.

The issue of providing guarantees is considered if there is an agreement between the organization implementing the investment project and the lessor that the rights and obligations of the parties to the leasing agreement arise after receiving state guarantees for borrowed funds. Thus, a surety agreement is concluded to secure an obligation that will arise in the future. The amount of state guarantees issued to the creditor of the lessor is up to 40% of the funds actually provided for the implementation of the leasing operation.

Return leasing is carried out as follows: the owner of the property, for example, a motor ship, sells it to a leasing company for a strictly defined purpose - the transfer of the motor ship into possession and use under a leasing agreement former owner. Accordingly, the lessor under the financial lease agreement will be the leasing company (the buyer in the sale and purchase agreement), and the lessee will be the seller under the sale and purchase agreement. Thus, the lessee (original owner) recovers the value of the property and at the same time receives income from it by owning and using the property.

The law names such main types of leasing as financial and operational. In financial leasing, the lessor acquires the object of leasing specified by the lessee from a certain seller. Operational leasing assumes that the lessee, at his own peril and risk, purchases property and transfers it as a leased asset to the lessee.

Lessor (lessor) - an individual or legal entity that, at the expense of borrowed or own funds, acquires property in the course of a leasing transaction and provides it as a subject of leasing to the lessee for a certain fee, for a certain period and under certain conditions in temporary possession and use with or without transfer to the lessee of ownership of the subject of leasing.

As a type of investment activity, leasing activity is aimed at generating income. It is not exclusive, therefore, persons engaged in entrepreneurial activities and having an appropriate license are entitled to engage in it.

The lessee (tenant), on the basis of Part 2, Clause 1, Art. 4 of the Law "On Leasing", - an individual or legal entity who, in accordance with the leasing agreement, is obliged to accept the object of leasing for a certain fee, for a certain period and under certain conditions for temporary possession and use.

The lessee owns and uses the object of leasing for business purposes. .

In addition to persons who may be lessors, non-profit organizations are entitled to act as a lessee, since they have the right to carry out commercial activities if it serves the achievement of the goals for which the organizations were created and corresponds to these goals.

Seller (supplier) - an individual or legal entity who, in accordance with a sales contract with a lessor, sells to him, within a specified period, the property produced (purchased) by him, which is the subject of leasing. The seller (supplier) is obliged to transfer the object of leasing to the lessor or lessee in accordance with the terms of the contract of sale.

The form of the leasing agreement, regardless of the term, is written. The name of the leasing agreement defines its form, type and type. The subject of a leasing agreement is non-consumable movable and immovable things, including enterprises and other property complexes.

Land plots, other natural objects, as well as property that is prohibited by federal laws for free circulation or for which a special procedure for circulation has been established cannot be the subject of leasing.

Participants in a leasing transaction must accurately describe the subject of leasing, determine the place and procedure for its transfer

The term of the leasing agreement serves as the basis for distinguishing the following three types of leasing. Long-term leasing - carried out for three or more years; medium-term leasing - within one and a half to three years; short

Leasing - for less than a year and a half.

The total amount of the lease agreement is the amount that the lessor must receive from the lessee in the course of the implementation of the investment. It includes the total amount of reimbursement of investment costs and remuneration (income) of the lessor. Investment costs are the costs and expenses (costs) of the lessor associated with the acquisition and use of the leased asset by the lessee. Investment costs (costs) must be justified.

The lease agreement, in accordance with Art. 15 of the Law “On Leasing”, should contain the following essential provisions: on the powers of the owner transferred to the lessee; list, volume and cost additional services provided by the lessor; circumstances that the parties consider to be an indisputable and obvious violation of obligations and which lead to the termination of the leasing agreement and property settlement, as well as the procedure for the withdrawal (return) of the leased asset.

In an imperative form, the legislation defines the following basic rights and obligations of leasing participants. The lessor is obliged to: 1) buy property (in financial leasing, the property indicated by the lessee is acquired from a seller determined by him; operational leasing assumes that the choice of the seller and property is made by the lessor); 2) notify the seller that the acquired property is intended to be leased to a certain person. Registration of leasing as a tripartite transaction removes this obligation from the lessor; 3) provide property for temporary possession and use to the lessee.

In relation to the lessor, the lessee is obliged to: 1) use the leased property only for business purposes, in accordance with its purpose and the requirements of the leasing agreement; 2) in the manner and terms established by the agreement, make lease payments.

Early termination of the leasing agreement by the lessor is possible in an indisputable manner in the following cases: 1) established by law and 2) by the leasing agreement. The lessor has the right to undisputed collection of monetary amounts and undisputed withdrawal of the leased asset in the following cases:

a) if the terms of use of the object of leasing by the lessee do not correspond to the terms of the leasing agreement or the purpose of the object of leasing;
b) if the lessee performs subleasing without the consent of the lessor;
c) if the lessee does not maintain the object of leasing in good condition, which worsens its consumer qualities; d) if the lessee fails to pay the fee for the use of the object of leasing more than twice in a row after the expiration of the payment period specified in the leasing agreement.

Termination of the lease agreement by the lessee occurs by agreement of the parties. At the initiative of the tenant, the leasing agreement may be terminated ahead of time by the court in the event that: term; b) the lessor fails to carry out the repair of the property, which is his obligation, within the period specified in the lease agreement, and if such period is not specified, then within a reasonable period.