Teach you to become a master of financial leasing negotiation(Recommended dry goods) 1、Project Negotiation Coordinator 1、Characteristics 1) Financial lease negotiation is a multilateral coordinated negotiation. The subject of financial lease negotiation is the seller.、The lessor and the lessee are jointly composed of。The subject of financial lease negotiations is the seller、The lessor and the lessee are jointly composed of。
The object of financial lease negotiation involves the selection of the leased object、Multiple issues such as purchase and provision and payment of rent,And these issues need to be discussed together。
2) The process of financial lease negotiation is complex. The complexity of the financial lease negotiation process is as follows::(1)The lessee expresses his intention to purchase to the seller;(2)The lessee submits a lease application to the lessor;(3)Lessee negotiates lease terms with lessor;(4)The lessor and the seller negotiate the terms of sale and purchase;(5)The seller delivers the subject matter to the lessee,Lessee’s acceptance;(6)The lessee shall receive the certificate upon delivery of the subject matter to the lessor.,and pay rent;(7)The lessor pays the purchase price to the seller。
3) The particularity of the rights and obligations of the parties. Financial lease negotiations include purchase and sale negotiations and lease negotiations.。Financial lease negotiations include purchase and sale negotiations and lease negotiations。The parties involved in sales negotiations are the seller and the buyer,The parties involved in lease negotiations are the lessor and the lessee。The two negotiations are not completely independent,The rights and obligations of the parties often overlap with each other。
The particularity of rights and obligations is mainly reflected in the following:(1)Seller in sales negotiation,It is not a direct obligation to deliver the subject matter to the buyer.,Instead, the subject matter is delivered to the lessee in the lease negotiation.,The lessee shall enjoy the rights and obligations of the buyer in relation to the subject matter.。(2)When the seller fails to perform its obligations in sales negotiations,Under certain conditions, the lessee,enjoy
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Seller’s right to compensate for losses。
(3)The parties involved in the sales negotiation shall not arbitrarily change the relevant clauses in the sales contract and lease contract that involve the interests of the lessee.。4) The lease in finance lease negotiation is different from the lease in lease negotiation 1)The lessor in the lease negotiation has the same liability as the seller in the sale and purchase negotiation for the defects of the leased object.,However, the lessor in the financial lease negotiation has no liability for defective guarantee of the leased object.。
(2)The lessee in a lease negotiation must return the original subject matter of the lease to the lessor after the lease relationship is terminated.,However, the lessee in the financial lease negotiation has options when the lease relationship is terminated.,Right now:Stay and buy、Renew lease、Rent out(Purchase refers to purchasing the leased property by paying the residual value of the leased property and obtaining its ownership.、Lease renewal means continuing to lease the leased property by paying rent.。Rental return means returning the leased property to the lessor)。
(3)The rent paid by the lessee to the lessor in the lease negotiation is only the consideration for the use of the leased property.。The lessee in a finance lease negotiation must also pay "rent" to the lessor,However, the consideration paid by the lessee is not the consideration for the use of the leased property.,It’s the price of “financing”。The "rent" of a financial lease is actually the principal and interest paid by the lessee to the lessor for purchasing the leased object and the profits it should earn, etc.
cost
amortization。
Because of this,Finance lease negotiations and lease negotiations have different standards for determining rent.,The rent of the former is higher than the rent of the latter。5) Financing in finance lease negotiations is different from financing in loan negotiations. The lessee in finance lease negotiations has financing、The dual purpose of melting things。To solve the problem of insufficient funds required for one-time purchase of rental property。from this perspective,The lessee is borrowing money from the lessor。
However, the lessee does not obtain ownership of the leased property or money from the lessor.,Instead, the right to use the leased property is obtained through leasing.。therefore,Financing in finance lease negotiations is different from simple financing in loan negotiations between lenders and borrowers,The lessee in finance lease negotiations has financing、The dual purpose of melting things。
6) The contract for financial lease negotiation shall be in writing. Article 238, paragraph 2, of the Contract Law of the People's Republic of China stipulates:“Financial lease contracts should be in writing。"Financial lease negotiations include borrowing、buy and sell、lease、rent、Insurance、transportation、taxes and many other issues。These issues involve complex relationships,lessor、lessee、Overlapping rights and obligations between sellers。
Financial lease negotiations involve large amounts of money,Long contract performance period。In order to reduce and avoid disputes during the performance of the contract,law
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The financial lease contract must be in writing。
2、The content of financial lease negotiations is stipulated in Article 238, Paragraph 1 of the Contract Law of the People's Republic of China.:“The content of the financial lease contract includes the name of the leased object、quantity、Specification、Technical performance、Inspection method、Lease term、Rent composition and payment terms and methods、Currency、Terms such as ownership of the leased property upon expiration of the lease period。
"According to this,The parties involved in financial lease negotiations should clarify the following contents::1.The name of the leased property、quantity、Specification、Technical performance、Inspection methods are basic terms for financial lease negotiations。The lessee has the right to choose these terms。During the negotiation, the parties mainly clarify the subject matter and its various characteristics based on the lessee's choice.。
The lease term is generally based on the economic life of the leased object.,The service life and the benefits generated by the use of the machinery and equipment shall be agreed upon by the lessee and the lessor.。2.Rent composition, payment terms and payment methods、Currency is the main content of financial lease negotiations。Normally,The total rental amount is determined by the price of the leased equipment、Interest、Composition of handling fees, etc.,If the lessor insures the leased property,Then the rent also includes the insurance premium.。
rent payment period、The payment method and currency should be clearly stipulated in the negotiation,To avoid disputes during the performance of the contract。For international financial lease negotiations,It is especially important to specify the currency of the rent,Because there may be exchange rate fluctuations。3.The ownership of the leased property at the expiration of the lease period is also an important clause in the negotiation of financial leases.。
Normally,When the financial lease contract expires,The lessee has three options:Stay and buy、Renew lease、Rent out。two、Project Negotiation Skills Classification of Customer Needs from Lessee’s Subjective Desires:(1) I need to rent - mostly small and medium-sized enterprises、Funding needs of low-end customers such as new businesses。
In my country, due to the low level of awareness of financial leasing,The types of financial leasing institutions are not yet complete,not formed
Advantages
Complementary leasing industry chain,At present, such customers still lack understanding of financial leasing.,Still a huge potential rental demand market。
Should we blindly rush to promote leasing solutions to such enterprises?,First, we must understand how the company operates and its operating conditions,Regardless of the asset-liability ratio of enterprises、Financing Hungry Leasing Demand for Pony Horses and Carts,Or just admiring oneself,Based on unrequited love market judgment,Propose a financing plan,then should
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Business first
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Enterprises first increase capital and expand shares,Provide them with financial leasing solutions that are commensurate with their assets and actual repayment capabilities,Promote the steady development of enterprises。
(2) I hope to rent - mostly high-end customers。The main demand factors are divided into:1、tax benefit driven。Such customers are mostly profitable,Can design different leasing plans and rent repayment methods with decreasing rent for customers。2、cash flow driven。Most of these customers are service operators、Processing services companies and manufacturing industries,Can design matching rental payment plan for customers、Lease sales plan。3、financial reporting driven。
Most of these customers are listed companies、multinational company,Can provide customers with off-balance sheet financing、Improve financial ratios、Lease bonds combined with operating leases、Leasing plan that combines trust and financial leasing。4、Technological progress driven。Most of these customers are high-tech companies,Information management equipment is the main lease item,Operating leasing solutions with bundled services available to customers。5、service driven。
Most of these customers are construction companies、financial institution、Government procurement, etc.,Serving customers must shorten response time,Can provide customers with leasing solutions such as operating lease, sale and leaseback。How to deal with tenant objections:1、"I am not short of money" - cash should be used as medium and long-term equity or real estate investment,Be aware that the opportunity cost of cash is very high。
2、“Leasing is always expensive” – whether customers can get bank loans,Guide customers to tell the real reasons why they want to rent。We need to do present value analysis of different financing options,Help customers make leasing decisions。
3、“Leasing companies can do,My bank can do it” – the bank’s long-term loan ratio is too high,Mortgages are less risky than leasehold assets,Bank credit cannot meet customer rental costs、accelerated depreciation、Off-balance sheet financing、Avoid asset obsolescence risks, etc.
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。
Main concerns in communicating with customers 1、Project communication、plan、Review system,They are all one of the core competitiveness of leasing companies.,But the key points of operation are inseparable from:2、Whether the potential lessee has sufficient profitability to pay rent when using the leased property in the future;3、Whether these profitability can be guaranteed to be handed over to the leasing company in the form of payment of rent?;4、if something goes wrong,Whether the leasing company has reliable means to dispose of the leased assets;5、Whether the method of disposal can immediately realize the leased assets into cash Scope of communication 1、Basic knowledge of financial leasing;2、Financial knowledge related to leasing;3、Product knowledge related to rental items;4、Management knowledge related to business management;5、Understanding and Views on Macroeconomics;6、Understanding and views on industry prospects;7、Awareness of obeying laws and regulations;8、Market development trends;9、industry profitability;10、The degree of development of the second-hand market for rental items and the communication methods of lessee companies proactively communicate1、General practices for introducing leases to potential tenants 2、Benefits of financial leasing to lessees 3、Inspire tenants’ motivations for leasing,Motivating lessees to adopt financial leasing4、Inform the project information that needs to be provided to the leasing company Passive communication 1、General practices for introducing leases to potential tenants 2、Benefits of financial leasing to lessees 3、The professional business scope and operating characteristics of the leasing company 4、The upstream and downstream industrial chain of the lessee enterprise 5、Leasing company's accepted credit guarantee6、Leasing company’s preferred customer groups7、Leasing company preference items,and projects that need to be met
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Technical indicators 8、Information that needs to be provided to the leasing company Issues that cannot be discussed in leasing project communication Financial leasing is a market behavior,But there are many issues that cannot be discussed in the communication process,Potential tenants must accept these preconditions,to continue communication。
1、Before the rent is repaid in full,The property rights of the leased items always belong to the leasing company;2、The right to dispose of the leased items during the lease period belongs to the leasing company;3、Although the lease contract is agreed upon,However, if there are any disagreements in the contract sample provided by the leasing company,,Nor can it be modified;4、Although the choice of financial leasing objects is the lessee’s,But the purchase is with the lessor;5、In principle, the starting date of a lease is the date when the lessee uses the lessor’s funds.。
For lessees with better credit standing,Lessors can base their
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,Conditional extension;6、The lessor has the right to do so without the lessee’s permission,Without affecting the lessee’s peaceful possession of the leased property,Transfer the lessor’s interest in the lease contract to a third party;7、Without the lessor’s consent,The lessee shall not transfer the leased property to a third party in any way (including pawning、trust、Sublet、mortgage loan、Disguised methods such as selling off);8、During the performance of the lease contract,The lessor has the right to go to the site where the leased property is placed to inspect the operation of the equipment.;9、The lessee is responsible for reporting the business operations and financial status to the lessor on a monthly basis;10、In the event of a breach of contract by the lessee, the leasing company has the right to take back its own equipment (lease items) without any hindrance.,The lessee shall not unlawfully obstruct。
Communicate the basic conditions of the lessee on specific issues related to the leasing project 1、Geographical scope 2、Industry status 3、business operating hours 4、Scale and strength 5、Policy treatment 6、Steady and sustained growth7、Leadership experience 8、Rental Concept 9、Financial Norms 10、Legal Awareness 11、The second-hand market for rental items understands the lessee’s leasing needs and comprehensive repayment ability1、What problem to solve 2、What problems are solved through leasing 3、How to prepare for leasing 4、to the project
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5、Full payment or partial payment 6、How long is the lease period7、Payment frequency 8、Is title required after the lease ends9、The minimum payment ability per period is three、Negotiations on international financial leasing business
Things to note
(1) After the project proposal is approved,Enterprises can entrust leasing business to domestic leasing companies or find leasing companies through other channels.。
(4) Review and Acceptance The lessor’s review of the lessee mainly reviews the corporate credit,Personnel quality,technical level,product market competitiveness,Asset value-added ability, etc.,The review of the project mainly looks at the economic benefits of the project,repayment ability,Technical feasibility and whether the project is consistent with national macroeconomic policies and guidelines。(5)The lessor is reviewing the lessor project,After the decision is made, the project should be accepted after the decision,You can accept project commissions。
2.The negotiation of a financial lease contract refers to the lessor’s agreement with the supplier based on the lessee’s,Selection of rental properties,Purchase leased items from suppliers,available to tenants,A contract whereby the lessee pays rent。
According to Article 238 of the Contract Law of the People's Republic of China,The content of the financial lease contract includes the name of the leased object,quantity,Specification,technical skills,Inspection method,Lease term,Rent composition and payment terms and methods,Currency,Ownership terms of the leased property upon expiration of the lease term。The financial lease contract should be in writing。Financial lease contracts are divided into external lease contracts and domestic lease contracts based on the nationality of the lessee.。
The parties to the external leasing contract belong to different countries.。Both parties to a domestic lease contract belong to the same country,therefore,There are certain differences in the signing methods and contract terms of the two types of contracts (1) Negotiations for external leasing business should be
Things to note
。
The name of the equipment in the negotiation of external leasing business,Specification,quantity terms,Lease period,How to pay rent,Warranty terms,Equipment maintenance and
cost
Terms,The terms of disposal of the equipment upon expiration should be negotiated on an item-by-item basis.,clearly stated in the contract。
Things to note
have:1、Determination of rental fee。According to Article 243 of the Contract Law of the People's Republic of China。
Finance lease rent,Unless otherwise stipulated by the parties,It should be determined based on most or all of the cost of purchasing the leased property and the lessor’s reasonable profit。As a Chinese lessee, when striving for reasonable leasing fees,,Attention should be paid to strengthening the investigation of the operating status of foreign lessors.,Understand loan interest rates in various countries,Because good leasing companies can get low-interest loans,thereby reducing costs。There are reasons for the lessee to obtain reasonable rental fees 2、Rental start date confirmed。
The rent start date is the date when the leasing business starts to calculate the rent.。The debt between the Chinese lessee enterprise and the foreign lessor is the date when the lessor pays or accepts the supplier as the lease start date.。3、Adoption of the format of external leasing contract。The leasing contracts of various leasing companies are often drawn up in advance in a certain format.。There are certain differences in the terms listed in different formats of lease contracts,Strive to cancel,The other party believes that there are additional clauses that need to be added,Strive to be included in the contract。
(2) When negotiating domestic leasing business,
Things to note
① Determination of rental fee。The lease fee is generally the sum of the lessor’s purchase price of the leased property, interest, profits and other expenses.。②Determination of lease。The lease period of equipment should take into account the actual repayment period of the project,and leave some leeway,Prevent disputes arising from the lessee's inability to pay rent on time during the contract period due to the lease being set too short.。③Evaluation of rent。
If you are in financial leasing business,The lease contract is signed first,The purchase contract is signed later,Usually the lessee first determines the price of the leased equipment and the payment terms to the supplier, that is, the lease period, rental fee, payment method, and delivery date.、Delivery location, etc.,Then the lessee officially
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Lessor proposes rental valuation。(1) Negotiation of purchase of goods (1) Technical terms and commercial terms in the negotiation should be negotiated by the lessee and the lessor respectively with the supplier.。
The object of the purchase contract is the equipment to be leased,The lessee will eventually use the equipment,Therefore, the technical terms in the contract can be negotiated mainly by the lessee.;Commercial terms involve the interests of lessors and suppliers,Therefore, the negotiation mainly involves the lessor.,and finalized after soliciting opinions from lessee enterprises.。⑵Price negotiation。The price level is related to the interests of all parties,Occupy an important position in business negotiations。
Price negotiations are based on the principle of equality and mutual benefit,Compare multiple quotes,And use appropriate negotiation strategies to achieve a strong price.。⑶Delivery and shipping terms。
The delivery time stipulated in the purchase contract should be based on the principle of delivery as soon as conditions permit.,Put into production as soon as possible;Selection of shipping terms,For suppliers,Prefer to close the transaction on the condition that the installments can be transferred,But for Chinese lessee companies,Strive to make transactions on conditions that are non-transferable and try not to be divided into batches。⑷Payment method。The purchase contract can be settled by letter of credit,Payment by bank guarantee and collection。
Production lines and complete sets of equipment are usually introduced on an installment basis,as lessor,Act on your own interests and those of the lessee,Negotiations should seek to adopt forward payment methods,Ensure equipment quality and technical service reliability or place delivery delays due to、Problems such as equipment quality put both yourself and the lessee at a disadvantage。⑸Equipment acceptance、Installation and debugging、and quality assurance terms。
Since the subject matter of purchase contracts in international financial leasing business is often large in size,A large amount of money is involved,Therefore, during negotiations, we should insist on having the equipment re-inspected by the lessee after it arrives at the lessee's factory.;Due to the difficulty of installation and debugging of equipment,,During the negotiation, we should strive to have the supplier send technical personnel to the lessee’s factory for installation and commissioning.。
Moreover, the quality of the installation and debugging personnel must be clearly stated in the contract.
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and
cost
Burdens and other matters;Equipment quality assurance terms
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Suppliers guarantee the quality of equipment,And strive to ensure that the warranty period is calculated from the date of passing the inspection。⑹Insurance。As insurance for international shipments of goods is essential, it is insured by a party with a potentially insurable interest.。When Chinese enterprises rent equipment, the lessee usually pays for it themselves.
cost
Handle protection matters。⑺Arbitration and claims。
How to resolve disputes arising during the performance of the contract、How to divide responsibilities between parties,The place of arbitration can be specified in the arbitration clause、arbitration institution、Arbitration proceedings、
cost
Wait for regulations to be made。If quality problems occur during equipment acceptance and use,The lessee shall make claims to the supplier within the claim period specified in the contract.。The claim period is generally 90 days after the leased property arrives at the lessee’s factory.。
(2) Other matters involved in the negotiation 1. Matters: Repair and maintenance of equipment in the leasing business,There should be clear regulations on the repair and maintenance of equipment during the lease period。Different leasing forms will have different contract parties responsible for the repair and maintenance of the equipment.,In some cases, the lessee is responsible for,Some are the responsibility of the supplier,Some are the responsibility of the lessor,But in the form of financial leasing,While the lessee is in possession of the leased property,Repairs and maintenance of the leased property shall be borne by the lessee。
2.Changes in rental terms The leasing of equipment involves the interests of both parties in the leasing business,Once determined, it is usually fixed,But some lessors
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Include a rent change clause in the lease contract。Rent change clauses usually provide,If the state increases or decreases relevant taxes、When bank interest rates or other circumstances require a change in rent,The lessor can adjust the rent accordingly according to the situation。
3.The ownership of the leased property after the expiration of the contract period (1) After the expiration of the contract period,The lessor can deal with the leased property in the following ways::Sell the equipment at a price based on its usage (usually based on the residual value of the equipment),The lessee has the right of first refusal if the property is fully sold.。(2) Take back the equipment。(3) Renew the lease contract,The lessee refuses to continue to use the leased property,However, the rent is determined based on the current condition of the leased property.。
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