Financial leasing risk control

Financial leasing developed relatively late in my country，Due to the imperfect conditions of all parties, financial leasing companies are a relatively high-risk industry.，Therefore, risk control issues must be considered before actual operation.。Therefore, we must have a good grasp of risk control，Only then can the enterprise grow healthily。Today we will talk about the risks of financial leasing.。

one、Characteristics of financial lease contracts

1. Three parties：lessor、betrayer、lessee；
2. two contracts：financial lease contract、sales contract；
3. The leased property is selected by the lessee；
4. To achieve the purpose of financing for the lessee in the form of leasing，To put it bluntly, leasing is a formality，Financing is the essence 2、what is risk
5. Overview：Risk is the possibility that an event will have unintended consequences。

For our financial leasing，It is the safety of income and principal。

1. Risk characteristics 1) Inevitability 2) Universality 3) Controllability 4) Predictability 3、Financial leasing legal risks
2. Basic information about the counterparty to the contract 1)Is the industry a sea of ​​fire or a blue sea?、Morning sun or sunset，Whether there is excess production capacity 2) Business and product manufacturing or service industry, etc.，Is the business profitable?，Product competitiveness for customers 3) What is the credit standing of upstream customers in supply and sales?，Is the supply of raw materials sufficient?，price factor、Logistics and distribution factors 4) R&D focuses on the company’s sustainable profitability 5) Financial industry、Business and products、Macro grasp of supply and sales combined with micro financial data 6) Contingent liabilities、Hidden liability guarantee、Loan sharking 7) Credit record Currently, banking institutions can check the credit record of the company 8) Disputes and resolution of corporate lawsuits、You can check the list of dishonest people on the website of the Supreme Court 9) Whether environmental protection and safety production enterprises have obtained corresponding approvals、License 10) Related affiliated companies
3. Determination of the nature and validity of the contract 1) The financial lease contract is a special contract，Both financing and property financing，Achieving the purpose of financing in the form of financing properties 2) Contract financing does not include financing，Or the leased property does not comply with laws and regulations.，It is easy for the court to identify it as a mortgage loan，The direct consequence of this is that the financial lease contract is invalid.，The risk is extremely high 3) From the spirit of the highest judicial interpretation，stock、Consumables、Intellectual property rights shall not be used as the subject matter of the lease
4. Good-faith acquisition of the subject matter of the contract 1) Good-faith acquisition：It is a way to obtain property rights. Article 106 of the Property Law，The person without the right to dispose of the property transfers the real estate or movable property to the transferee，The owner has the right to recover；Unless otherwise provided by law，Meet the following circumstances，The transferee acquires the ownership of the real estate or movable property：
5. The transferee acted in good faith when transferring the real estate or movable property；(2) Transfer at a reasonable price；
6. The transferred real estate or movable property that should be registered in accordance with legal provisions has been registered，Not registered has been delivered to the transferee。

2) The lessee distributes the leased property owned by the leasing company to a third party，When the third party obtains it in good faith，Property rights and debt protection of leasing companies，All that's left is the debt，Significantly increases the risks faced by leasing companies。

Four、Coping with legal risks of financial leasing 1、As long as you pay a little attention to the risk of special qualifications that the lessee must possess，It can be well controlled，Pay attention to the industry the tenant belongs to，Industry-to-enterprise qualifications

Require

，

Require

The lessee submits corresponding qualification certificates，Then go to the appropriate agency to verify。

1. The risk point of determining the nature and effectiveness of the contract mainly lies in the selection of the leased object.，Pay special attention to situations where it is prohibited by relevant laws and regulations to be used as a rental property。
2. The bona fide acquisition of the subject matter of the contract is the core of legal risk management and control of financial leasing.。The following measures can be taken:1)In the case of leaseback，The original invoice for the purchased leased property is kept by the leasing company.。2) Put the leasing company’s label on the rental property，For some leased assets where the location of the leased property is not fixed，It is best to install a GPS。3) Regularly inspect the condition of the rental property，Damage found，

Require

Tenant promptly repairs 4) Registration。

Ordinary movable property can no longer be registered，Currently, the central bank and the Ministry of Commerce provide two channels for leasing property registration.，under certain circumstances，Can serve the purpose of protecting the lessor。

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