Raiffeisen Leasing Aval - a card of the organization. Leasing operations of banks and the features of their implementation using the example of LLC Raiffeisen Leasing Aval
Raiffeisen Leasing Aval - Universal leasing companywhich provides a full range of lease services for customers who work in various fields of activity.
Clients may be legal entities, from private entrepreneurs to major domestic industrial groups that work in various industries and services, in any region of Ukraine and have a stable financial condition and a permanent source of income. At the moment, the company has established close cooperation with more than 340 customers who become permanent partners.
Raiffeisen Leasing Aval is settling and supported cooperation with reliable suppliers who can offer a wide range of goods and their high quality, customer support (technical, consulting), loyal terms of delivery and unconditional implementation of all agreements.
Leasing, leaving for the national framework, i.e. When any of the participants of the transaction is a non-resident in a given country, received the name of the international, which in turn is divided into export and imported. The main reason that led to leasing to the international arena in the 70s is the overall desire of leading countries to create conditions for promoting exports and investments by industrial companies.
Technique of leasing operations.
Depending on the technique, leasing operations are performed by different schemes.
The main landlord receives the preemptive right to receive rental payments. In the Raiffeisen Agreement, the Avaly leasing is usually determined that in the event of the bankruptcy of the third link, the rental fee is received by the main landlord. Such transactions were called "Sublishing".
It is necessary to name this type of leasing as the return leasing (lease-back). Suppose that the company has equipment, but not enough tools for production activities. Then it sells this equipment of a leasing company, and the latter in turn gives him to the leasing of the same enterprise. Enterprise has a temporary release money.
This transaction can be resorted when the company is pretty low level Income, and, therefore, it cannot fully take advantage of accelerated depreciation and income tax. It makes a deal, and the leasing company receives tax breaks. In response, it reduces the rental rate .6, p. 57.
The practice of concluding an agreement between producers of products and Raiffeisen leasing Aval is the most common. In accordance with these agreements, the manufacturer on behalf of Raiffeisen Leasing Aval offers customers financing their products with leasing. Thus, the leasing company uses the supplier's trading network, and the supplier expands the borders of their products. These transactions called "Assistance in Sale" (Sales-AID) are usually used for low cost equipment - from 5 to 20 thousand dollars
Leasing objects may appear: real estate; vehicles; industrial equipment; trade software; Another property that under legislation can be attributed to the main funds of the enterprise.
Cannot act leased objects: land; Unified property complexes of enterprises and their structural units (branches, workshops, plots).
The main advantages of leasing LLC "Raiffeisen Leasing Aval":
- - The lessee receives a tax credit immediately for the entire amount of the leased object;
- - The lessee credits the leased object to his balance;
- - the lessee accrues depreciation;
- - interest (remuneration) on financial leasing are not subject to VAT and are treated on the gross expenditures of the lessee in full;
- - the leased object cannot be imposed of third parties;
- - the leased object cannot be the object of the tax pledge;
- - Ease of registration - the subject of leasing acts as a collateral;
Lease conditions:
- · Leasing is provided both new and used property that is purchased by order of the lessee;
- · Lease period - from 12 to 60 months;
- · an initial fee - from 10% to 30% of the value of the leased object;
- · The payment of leasing payments is made by the lessee monthly, equal parts or by separate agreed schedule;
- · The appreciation of the lease object is 6-8% per year. initial cost;
- · The insurance of the leased object is carried out in well-known and reliable insurance companies in Ukraine;
- · The redemption of the leased object at a residual value - 1% of its initial price.
Raiffeisen Leasing LLC offers car rental service. Among the terms of the lease provided for by this organizer, contracts are very popular with the ability to redeem the car rental in the future. Leasing rental is a modern alternative to the automotive loan. This method of acquiring equipment is quite profitable, especially for lovers to constantly test new models.
"The car is not a luxury, but there is a means of movement," the paraphrased words of the legendary Axis of Bender, said at the meeting before car mileage, remain relevant to this day. This phrase can be used as an advertising slogan rental of cars, or rather car rental with the ability to buy it away.
Raiffeisen Leasing Aval offers enough profitable terms For lease of modern new cars. Few organizations offer new cars for rent so that a person for a certain fee has tried, well, if he enjoy the car, he bought it. This type of rent of "Iron Horses" is in incredible demand in Russia. And this company is an indisputable leader in the leasing services market due to loyal policies in relation to potential and real customers.
Raiffeisen-Leasing LLC: loan similarities
Leasing car rental, does not use such popular as a loan. Although these two financial instruments Very similar to each other. In both the first and second case, a person can leave the salon on a new car, only after the initial contribution is made.
The terms of the loan, suggest monthly equal payments, the same must be done when renting a car. The organization also offers insurance against accidents or unintentional application of damage to cars of other owners. If a we are talking About similarities, then here they end.
Raiffeisen Lising LLC: Difference from the loan
The main difference is that after a person has signed a lease agreement, the company does not issue a purchase and sale agreement. The official owner will continue to be a leasing company, and the client will ride the car by gender. At the same time, not a company, and the client pays for the registration services of the machine and the passage of technical inspection, and at the accident the company is only an intermediary between its client, a representative of the insurance organization and a service station.
The leasing of the machine is not just his rent or regular loan. This is a whole range of various services collected in a single service, competent use which can significantly save time. If the client fell into an accident, the tenant will give him a service for a fee, the evacuator will send and even give another car. Raiffeisen Leasing in Minsk is one of the few companies with the opportunity to provide a complete package of services in case the client will issue a rental through it.
There are such organizations that do not expect the actions of insurers, as it often takes quite a long time. And since the client does not have the opportunity to expect, they take all the payment for the service of the machine on themselves, which speeds up the repair time. But the most important difference in the automotive lease from the car loan is an option with a refund or exchange of equipment, if such a need arises.
Raiffeisen Lising LLC: Cost
The monthly payment in this service is strictly determined by the sum of the overall ultimate price of the "iron horse". The higher the amount of regular payout, the smaller the volume has the total price of the machine, which sometimes drops to forty-five percent of the initial one. For example, if the final price is scheduled for forty-five percent, the payment will be charged at fifty-five percent of the cost of the machine. If a person has no plans to buy a car in the future, then it will be advisable to choose the limit final price so that payments are small. If the car rental is a step on the way to his car, you can use a smaller final price, stretching this time of the machine to redeem.
You can change cars as you like, but you can ride and on one, equal shares paying its full cost. True, not everyone gives the right to become the owner of new "wheels", but only to customers who paid forty and more percent of the cost of the car. But if the lessee continuously terminates the contract, the advance will be lost, and this is twenty-five percent. In addition, the Organization disclaims the client a fine, which is equal to five monthly payments for car rental.
Raiffeisen Lising LLC: Conditions
Also, not everyone is suitable for the rule, which says that the car cannot be used as its property. For some owners of cars decorated in a leasing loan, this discomfort and restrictions, since the machine is a complete redemption, the property of a leasing company that prohibits install any auxiliary elements, paint a car and a lot of other. Repair the car can be exclusively on those services that are partners of a leasing company.
Raiffeisen Leasing in Moscow, is one of the organizations that offers quite favorable car rental conditions. It successfully operates its activities in the territorial market, despite public errors. Do not trust leasing organizations makes the controversial opinion that the rent is quite expensive, even more expensive than a loan. This error, potential customers often make when they see the payment schedule, fixing their attention to monthly sums Payments.
Rental over time loses its volumes, and a significant factor affecting the reduction in the automotive rental, are payments that the company charges without taking into account the balance of the car cost. It should be remembered that, despite the loyalty of the company, when the rental of the state duty, the notary will have to pay, after all. And the rest, leasing is a convenient and dynamic service.
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Ministry of Education and Science of Ukraine
Easternukrainian National University
named after Vladimir Dalya
Department of Banking
Course work
under the discipline "Banking operations"
Topic: "Leasing operations of banks and the peculiarities of their implementation"
Performed: Student of the EC-442 group
Nethernet V.A.
Checked: Polityuk L.G.
Lugansk 2007.
Introduction
1. Economic essence Leasing operations
1.2. The history of the occurrence of leasing and the need to carry out operations with modern banking institutions
2.1. Principles of leasing relationships
2.2. The attacks of a leasing deal
2.3. Analysis of the solvency of lessee: elements and approaches
3. Problems and methods for improving leasing operations
3.1. The need for leasing relations for the development of the national economy
3.2. The potential of the banking sector of Ukraine as the main source of financing of leasing operations
Conclusion
Bibliography
Applications
Introduction
Chief link financial system Any state is the finance of enterprises of the sectors of the national economy. It is in production that the real basis of all sorts of economic relations.
The main condition for the economy of Ukraine from the crisis is the structural restructuring of the national economy of the country, which is impossible without the growth of investment while improving the efficiency of their use.
Transformation of the sphere of production and circulation, deep changes economic conditions The management causes the need to introduce non-traditional methods for our economy to update the material base.
According to the Ministry of Economy of Ukraine, leasing can be promoted overcoming industrial recession.
In this paper, an attempt was made to highlight Ukrainian experience in attracting investments through leasing, the birth and nature of leasing, which established in our country under the action of a number of factors, positive, negative moments and directions to improve the emerging leasing services market.
The choice of this topic was determined by a number of reasons, namely: the market of leasing services in Ukraine is very young and not mastered, and there is also confidence that with the help of leasing in the most needy links of the Ukrainian economy, the necessary investments can actually be directed.
The banking sector of Ukraine demonstrates high growth rates and is more developed compared to other financial sectors. At the same time, the volume and structure of equity, obligations and assets of banks do not meet the needs of the country's economy and, among other things, the leasing market.
The value of the banking sector for leasing development is extremely important, since for all participants in leasing operations bank lending It is a significant source of financing their activities.
1. Economic essence of leasing operations and features of their implementation
One of the new forms credit relationswhich Ukrainian banks have already begun to master the leasing. This operation was widely distributed in world banking practice.
The phenomenon of leasing is already at the beginning of the 80s. Decreased not as just long-term rent, but as a new, unconventional, additional system of promising financing, in which rental relations are involved, elements of credit financing on bail, calculations on debt liabilities and other financial mechanisms. Leasing operation promotes cooperation and interaction banking structures With business circles on financing production, which is so necessary today by the Ukrainian economy.
1.1. Regulatory framework regulating the implementation of leasing operations in banks of Ukraine and its characteristics
Today, in the legislation of Ukraine, the definitions of leasing are contained at the level of civil (for definition), the economic and tax legislation of Ukraine.
In part 1 of Article 806 of the Civil Code of Ukraine (hereinafter referred to It belongs to the lessor on the right of ownership and was acquired without prior arrangement with the lessee (direct leasing), or property specially acquired by the lessor from the seller (supplier), respectively, the specific lessee of specifics and conditions (indirect leasing), for a certain period and for the established payment (leasing Payments).
This definition indicates that the contract will be qualified as a lease agreement if an agreement between the lessor and the lessee indicates that:
a) the lessor transfers or undertakes to transfer property to the lessee (subject of lease agreement) to use;
b) the subject of the lease agreement belongs to the lessor on the right of ownership and acquired by it without prior arrangement with the lessee or specially acquired by the lessor at the seller (supplier), respectively, the specific lessee of specifics and conditions;
c) The lessee undertakes to pay for the lessor for the use of a certain payments for the use of a leased contract.
Similar essentially determining leasing like economic activity Contained in Part 1 of Article 292 of the Economic Code of Ukraine, according to which leasing is economic activities aimed at investing their own or attracted financial resources, which is to provide under the lease agreement with one side (lessor) to the exclusive use of the other party (lessee) to a certain The term of property that belongs to the lessor or is acquired by him in the order or consent of the lessee from the appropriate supplier (seller) of property, subject to payment of the lessee of periodical leasing payments.
This definition of leasing, generally repeating the signs of leasing, which is defined in the GC of Ukraine, introduces how much its additional criteria, namely:
a) the lessor invests in the acquisition of an object of leasing its own or attracted financial resources;
b) The leased object is transferred to the lessee into exceptional use.
Another determination of leasing is provided in subparagraph 1.18.2 of paragraph 1.18. Article 1 of the Law of Ukraine "On the taxation of income of enterprises". According to the law, leasing (rent) - economic operation A physical or legal person, which provides for the leased (lease) agreement, the transfer of property to the leaseholder, which is similar to the definition of a fixed assessment acquired or a landlord made, as well as all risks and remuneration related to the right to use and possession of leasing object.
It should be noted a number of differences between the definition of leasing for tax purposes and in order to commit legal regulation of property relations, which arise on the basis of the conclusion of the lease agreement.
First, in the framework of legal regulation of property contractual relations to fulfill the obligation to acquire the subject of leasing, the lessor must buy it from the relevant seller (supplier). Accordingly, the provisions of the tax legislation the lessor can become the owner of the leased object, not only bought it, as well as manufacturing it according to the instructions of the lessee.
Secondly, in contrast to the civil and economic legislation of Ukraine, the tax establishes the rule that all risks associated with the subject of leasing must necessarily incur a lessee.
Third, the basis of the criteria of the lease agreement in tax legislation Ukraine has economic criteria. Instead of civil and economic legislation of Ukraine, economic criteria do not operate.
However, the basis of legal regulation of leased relations is the law of Ukraine "On Leasing" with changes made by the Law of Ukraine dated January 14, 1999 No. 394-XIV. This law determines the concept of leasing, as well as general legal and economic principles Its implementation.
According to Art. 1 of the Law of Ukraine "On Leasing", leasing is entrepreneurial activities, which aims to invest your own or attracted financial resources and is to provide the lessor to the exclusive use for a certain period of the lessee of the property, which is the property of the lessor or is acquired by their property on behalf of and consent. With the lessee from the relevant seller of the property, subject to payment of the lessee of periodical leasing payments.
Leasing is committed under a lease agreement, which regulates the legal relationship between leasing entities.
The main lease entities are:
a) Lessor - Subject business activities, including bank or non-banking financial institutionwhich transmits leased objects under the lease agreement;
b) the lessee is a business entity that receives leased objects under the lease agreement;
c) The seller of leasing property is a business entity that manufactures property (machines, equipment) and / or its own property, which is a leased object.
It should be noted that besides the above-mentioned main subjects, the mediators play an important role in leasing relations.
Intermediaries - Professional participants in leasing operations, acting as:
a) a customer representative to other participants in leasing operations;
b) An independent subject of agreements with suppliers who buys equipment in their property in order to further implement other customers.
Among the intermediaries who take part in leasing agreements, a number of professionally specialized entrepreneurs have been allocated with a variety of rights and obligations. The inclusion of intermediaries into leasing operations significantly reduces the period of capital circulation and, as a result, increases production yield.
Leasing object can be any immovable and movable propertywhich can be attributed to the main funds, respectively, legislation, including products that are manufactured by state enterprises (machines, equipment, vehicles, computing and other technique, telecommunications systems), for a prohibited in the free circulation of the market and relative to which there are no restrictions on Transfer it to leasing (rent).
Cannot be leasing objects lease objects state propertydefined in Article 4 of the Law of Ukraine "On Lease of State and Communal Property" (Holistic Property Complexes state enterprises, them structural units (branches, shops, sites)), except for a separate individually defined property of state enterprises; Land and other natural objects.
According to Art. 4 of the Law of Ukraine "On Leasing", there are various types and forms of leasing.
Types of leasing:
1) Financial leasing is a lease agreement, as a result of the conclusion of which the lessee for his order receives a leased object for a period of which at least 60% of the value of the leased object, determined on the day of the contract, is deposited from the lessor. The amount of reimbursement of the value of the leased object as part of leasing payments for the period of action of the financial leasing agreement should contain at least 60% of the value of the leased object defined on the day of the contract. After the deadline for the term of financial leasing, the leased object, transmitted to the lessee under the contract, is becoming the property of the lessee or redeem them at a residual value;
2) Operational leasing is a lease agreement, as a result of the conclusion of which the lessee for his order receives a leased object for a period of course, less than which is amortized by 90% of the leased object specified on the day of the contract. After the deadline for the operational lease agreement, it can be extended, or the leasing object is subject to a return to the lessor and can be re-transferred to the use of another lessee under the lease agreement.
Leasing form:
1) Reverse leasing is a lease agreement, which provides for the acquisition of the property of the property and the transfer of this property to him into lease;
2) Pass leasing is committing leasing with the participation of leasing subjects on the basis of the conclusion of a multilateral agreement and attracting one or more leasers who take part in leasing, investing their funds. At the same time, the amount of funds invested by creditors cannot be more than 80% of the cost acquired for leased property;
3) International leasing is a lease agreement, which is committed by leasing subjects, which are in jurisdiction different countries, or if the property or payments crosses state borders.
Leasing as a complex socio-economic phenomenon performs important functions for the formation of the economy and intensifying production activities. There are four most important features, namely: financial, manufacturing, consumer and function of using tax breaks.
Financial function is expressed in the release of commodity produce from one-time payment of full cost required funds Production and as it were, in providing him with a long-term loan.
The production function of leasing consists in an operational solution of production tasks by temporary use, and not the purchase of expensive and morally aging machines. This is an effective way of logistics production and access to the latest technique, to the results of scientific and technological progress. With full leasing, the transfer of property may be accompanied by a variety of services: maintenance, insurance, provision of raw materials, workforce.
Consumer function is the expansion of the circle of consumers and the development of new sales markets, attracting leasing those who cannot immediately buy something or other property.
The function of using tax and depreciation benefits has some features:
a) the leased property is displayed on the user's balance sheet or the leaser by agreement between them;
b) the rent relates to the cost of production (services), which is produced and accordingly reduces the profits that are subject to taxation;
c) The use of accelerated depreciation, which is calculated based on the term of the contract, which reduces profits and speeds up the update of the material and technical base. As a result, leasing facilitates the diversification of proposals, attracting new objects into its sphere; Develops and diversify the market for the means of production, reduces the cycle of mastering new generations of technology.
1.2. The history of leasing
It is believed that all economic and legal relations associated with leasing belong to the new or modern period of the history of economic relations. However, it is not. According to the testimony of documents, lease (leasing) was known to man since ancient times.
Indeed, the idea of \u200b\u200bleasing is not new, although the term "leasing" (Lease) as such has not yet existed. The disclosure of the essence of the Leasing Agreement originates from the distant times of Aristotle (384/383 - 322 BC). It is his name that one of the treatises in the "rhetoric": "Wealth is to use, not in the right of ownership." In other words, it is not necessary to have an income to have any property owned, it is only necessary to have the right to use it and as a result of which to receive income.
Rental (leasing) agreements were known for another long until IV Art. BC, that is, years when Aristotle lived. They were even in the ancient state of the Sumer and date back to approximately 2000 BC. Thus, clay plates found in the Sumerian city of UR contain information about lease of agricultural tools, land, water sources, various animals. These clay plates talk about temple priests - landlords who concluded contracts with local farmers.
English Historian T. Clark found several leasing provisions in Hammurapi laws taken between 1775-1750. BC. A group of articles that have affected property is the largest in the collection. Articles considered in detail all cases of lease and rental rates, property deposit conditions.
Other ancient civilizations, including the Greeks, Romans, Egyptians, considered the rent attractive, affordable, and sometimes the only possible means of acquiring equipment, land and livestock.
Ancient Phoenicians who were considered wonderful sailors and merchants practiced the rental of courts, which, on its economic and legal entity, is very similar to the classical form of modern equipment leasing. A large number of short-term lease agreements ensured the receipt of the vessel and crew. IN modern conditions These transactions are similar to the operations of the so-called "wet" leasing.
The first mention of a practically conducted lease agreement applies to 1066, when Wilhelm The conqueror rented ships from Norman shipowners to invade the British Islands.
In the Middle Ages, rental was somewhat limited. For rent surrendered mainly an agricultural instrument and horses. However, from time to time events occurred, which generated unique forms and lease objects. So, in 1248 an agreement was registered, according to which Knight Bonphis Manganell Gaet rented equipment to participate in the seventh crusade.
In 1572, in the UK was adopted legislative actwhich allowed only a valid, and not a feigned leasing, that is, the legal contracts signed at a reasonable principle were legitimate, since by that time an agreement was frequent, the purpose of which was to hide the present state of affairs - who is the owner who is the user. It was used as a means of hidden transfer transfer, that is, for the misleading creditors.
Thus, the original idea of \u200b\u200bseparation of use and property and the opportunity to benefit from the use is known to be right from ancient times.
At the beginning of the twentieth century in the UK due to the development of the industry, the increase in the production of various types of equipment increased the number of goods provided to leasing. A special role was played by the development railway transport and coal industry.
The owners of coal mines first bought cars for the carriage of coal, but soon the obvious disadvantage and the impossibility of such funding became obvious. Coal mining increased, new mines were opened, it was necessary to have an increasing amount of wagons. It is entirely true that small enterprises decided to take advantage of this situation for profitable investment of capital. They bought cars for coal and leased (leasing) to railway companies. Companies appeared, unified goal which was leasing trains and railway cars. When concluding contracts, they began to include in it the right to purchase (optional), which was provided to the user after the end of the leased term.
The first well-known use of the term "leasing" (the Austrian researcher V. Hoyer writes about this in his book "How to do business in Europe") refers to 1877, when the telephone company "BELL" decided not to sell his telephone sets, and passing them in Rent, that is, to install equipment in the house or office of the client only based on rent. This operation had a strong influence not only on the development of communication. Many companies highly appreciated the rental of equipment, which allowed them in contrast to a simple sale to protect their monopolistic right to use "know-how".
After World War II began to quickly increase the scale of leasing business associated with vehicles. Back in the 30s, Henry Ford effectively used rent to expand the sale of its cars. However, the "legitimate father" of the automotive leasing business is considered to be Slav Frank - a shopping agent from Chicago, which at the beginning of the 40s offered long-term car rental.
However, the real revolution in rental relations took place in America in the early 50s of the twentieth century. The means of production: technological equipment, machinery and mechanisms, vessels, aircraft, etc. The US government, appreciating this phenomenon, promptly developed and implemented state program His stimulation.
The first joint-stock company for which leasing operations became the main activity was established in 1952 in the San Francisco well-known American company "United States Leasing Corporation". He founded Henry Schonfeld. Initially, he created a company for one particular lease agreement, but then I realized that the leasing business could become very promising, and as a result, "U.S. Leasing Corporation" appeared. Leasing operations pretty quickly crossed the borders of the United States and, so, there was such an important for the development of the leasing business of the concept as "International Leasing". After a few years, the company began to discover its branches in other countries (primarily in Canada in 1959). In the future, she began to wear the name "United States Leasing International".
According to such specialists as O.N. Chekmareva, K. G. Susanian, V.A. Perov, in the Soviet Union leasing applied to the beginning of the 90s in a relatively small scale and only in international trade. However, the cars were rented for rent, and the rental was close to operational leasing at their essence.
In the 1980s, leasing was considered by the Soviet foreign trade organizations, first of all, the Yak is one of the forms of acquisition and implementation of such equipment, such as large universal and other valuable machines, conveyor lines, road-building, forge-presses, energy equipment, and repair shops, Airplanes, sea vessels, cars, computing equipment based on computer, etc., using a specific loan form. Leasing was usually fixed in agreements concluded between Soviet and foreign partners for a certain period.
The leasing of international road transportation was quite active by the Sovtransavto foreign trade union, which acquired abroad on rental terms with further purchase various types of truck transport: tractor, refrigerator and awning semi-trailers, body, container chassis. Foreign containers were used on rental terms in the USSR.
In June 1991, it was established, and from December of the same year, the International Soviet-German-French leasing company "Eurolize" began to operate. Her founders from the Soviet side were Vnesheconombank of the USSR, Radmorflot, USSR State Bank, with French - one of the largest banks in Europe "Bank National De Paris", and with German - one of the largest leasing companies in West Germany - Mitfranz GmbH.
However, leasing in international Operations It was used in a very small scale. Until the end of the 80s, the development of international leasing was kept mainly due to the fact that Soviet enterprises were not foreign currency To pay for foreign equipment. After, since April 1989, enterprises received the right to independently enter the foreign market, many of them have their own source of foreign exchange earnings.
The beginning of the development of leasing operations in the domestic domestic market can be determined by mid-1989 in connection with the transfer of enterprises for rental forms of management. A notable phenomenon in the formation of initial rules for leasing was the basis of the legislation of the SSR and the Allied Republics of the Lease of November 23, 1989 No. 810-1 and the letter of the USSR state bank No. 29,270 "On Plan of Accounts accounting", in which the procedure for making leasing in accounting was presented. The development of a network of commercial banks has assisted the introduction of leasing operations to banking practice.
More detailed about the situation with the development of leasing practices in Ukraine and its prospects will go below.
1.3. Qualitative advantages and disadvantages of leasing
Leasing as a special form of management carries out a comprehensive impact on the main components of the elements of the production process: on the means of labor and the living person's living works, to the degree of use of technology and labor.
On the surface of the economic life, the lease effect consists of an objective advantage of the operational use of achievements of scientific and technological progress, an increase in activity, reduce the specific costs and intensification of the entire production process.
In the most general methodological respect, the proprietary lease effect has at least three features.
The first is animated. Arriving as a result of the use of the latest techniques and turning the worker in an independent entrepreneur, the owner at the time of expedient activities, the lease effect spreads through the chain at all production stages, increases and increases as it moves to distribution, exchange and consumption.
The second - Emergenity, the high-quality novelty of the effect of leasing activity, by virtue of which the value of it significantly exceeds the arithmetic amount of the result common activity Without attracting additional technical means. This effect is an integrative effect and manifests not only locally, but also on the scale of all production system, increasing its production force.
The third is the effect that manifests itself not only in the production process, but also in social sphere The life and activities of people, that is, it has both economic criteria and social values \u200b\u200bthat are expressed in increasing the content of the work, awareness of working their creative opportunities, the growth of personal income, independence, etc.
In the aggregate, all listed features reveal the lease effect as a kind of economic multiplier, which provides the impetus for the development of all entrepreneurial units. If the first feature displays the dynamics of the lease effect, the mechanism of its implementation (by multiplying), and the second reveals the economic essence of the effect as the detection of new Emergenic qualities of the leasing form of entrepreneurship, the third shows its social orientation and close relationship with the satisfaction of personal, collective interests.
At the same time, leasing activity can be considered effective: from the point of view of personal interests - if it improves the possibility of satisfying the material and spiritual needs of entrepreneurs; From the position of the collective interests of the organization - if it provides conditions for extended reproduction; From the point of view of society - if the market is saturated with the necessary goods and income into the budget increases from the increase in the production of goods.
Analyzing strong I. weak sides leasing, it can be indicated that it, as a form of investment, allows entrepreneurs to update the material and technical base to use new technique and advanced technology, to test new techniques, cover seasonal needs in special technical means at the time of actual operation, it It does not need the obligatory procedure for the immediate start of payments for such a form of a loan. At the same time, leased property is not credited to the balance of the lessee, that is, does not increase its assets and, accordingly, taxes. It is also not included in accounts payable, that is, it can be considered off-balance sheet financing.
The procedure for making payments for leasing is more flexible than credit agreement. In some cases, there may be a conclusion of leasing agreements without the need for collateral. Leasing increases the liquidity of the enterprise and its ability to pay future debts. In addition, when leasing can be counted on additional services (information, legal, service) from the lessor.
Also, the IMF does not enroll the amount of leasing agreements across the state to the amount of national debt, which increases the chances of survival of many countries and their enterprises.
In essentially, the concept of leasing and bank loans are quite similar, but the loan has many negative factors, because Under certain conditions, a standard loan can be transformed on credit under control or hopeless. In view of this, it is possible to offer a diagram illustrating the procedure for renewing the problem credit debt In the lease agreement, which can certainly be considered another sufficiently significant advantage of leasing.
Currently, Ukrainian banks as participants in the investment process offer customers to apply mainly traditional credit schemes for financing their economic activities. They have their advantages, but sometimes lead to serious problems. The most acute of them is to limit the investment opportunities of entrepreneurial activities, insufficiency of budgetary investment in the update of fixed assets, slow development investment lending domestic banks (which in turn is associated with a high level credit risks), the lack of most borrowers a real guarantee of the return of loans and liquid collateral, slowing down the attraction of new customers who could bring additional profits to the institution.
One of the ways to overcome these negative phenomena (and at the same time - increasing profitability and reduction of discrepancy banking activities) It consists in strengthening the activity of domestic monetary institutions in the lease market.
For banks, the provision of leased services is a fairly safe operation, because It is based on the principles of the target use of the loan and its provision of liquid collateral. Leasing as a whole opens up wide opportunities to bankers. In particular, in Ukraine, when applied, it is possible to overcome a number of negative phenomena in the field of lending.
For bankers, financial lease is of particular interest. This is, in fact, a credit operation, which is carried out in the property form using (instead of pledge) more reliable and simple (compared with the debt collection procedure) of ensuring the deferred and targeted purchase of property at the lender (lessor) by the borrower (lessee).
In our country, there are currently all prerequisites for widespread use (primarily among entrepreneurs who doubt the deficit of working capital) of such a subspecies of leasing operations as reverse leasing. This is a lease agreement, which provides for the acquisition of property in the owner and the transfer of this property to him in leasing. Those. This is almost a bilateral lease agreement. His distinctive feature is that the borrower at the same time and the "lessee", and the "supplier" of equipment that is purchased into leasing, i.e. The owner of the equipment sells it to the bank, while concluding a lease agreement with him for the same equipment as a lessee (the basic principles of reverse leasing are displayed in Figure 1.1).
1 is the conclusion of a leasing agreement;
2 - Buying equipment in the lessee (equipment owner);
3 - periodical payment by the lessee of leasing payments according to the conditions of the leasing agreement.
Figure 1.1 Basic Principles of Reverse Lease
The advantages of such an agreement for the primary owner, and over time - the lessee of the equipment consist in the fact that it can contact the services of the bank after buying equipment, i.e., when it is obvious that the extraction of significant funds from the appeal led to a deterioration in the financial situation. In the case of the application of reverse leasing, the lessee may return to the product spent on the purchase of equipment, while maintaining the right to use it. In addition, the amount of leased payments decreases the income of the enterprise to tax.
Reverse leasing makes it possible to refinance capital investments with smaller (compared with the involvement of bank loans) costs. It is the source of medium and long-term refinancing, while commercial bank loans, as a rule, are provided for a period of up to a year.
Reverse leasing operations are also effective way Restructuring accounts payable and improving the state of the bank's loan portfolio, because Thanks to their application, problem debt can be transformed into a lease agreement.
It is in this case that (provided if the object or provision of a loan, which is reissued, the liquid fixed assets) could be applied inverse leasing. The procedure for transformation of credit debt into the leased agreement could be approximately: the bank-lender buys equipment from the client, the obligations of which require renewal; The latter due to the funds received redeems the previous debt; The Bank transfers the acquired equipment to the former his owner into use already on the terms of financial leasing, as issued by the corresponding agreement (this procedure is displayed in Figure 1.2).
It is clear that, by taking the fixed assets, the bank will rate them, taking into account the liquidity coefficient, therefore the actual market value The pledge can significantly exceed its existing credit debt.
With this condition, and this is entirely likely to client a borrower can have enough funds from the sale of funds not only to repay the problem credit debt, but to overcoming their financial difficulties. So, in the case of the application of the debt reissue procedure described above, a bank can win (having received a standard loan), and the client (improving its own financial position).
1 - the availability of a loan obligation secured by the key to fixed assets;
2 - the conclusion of a contract for the sale of fixed assets between the Customer-seller and the Buyer's Bank (the result of the Treaty is the transfer of fixed assets to the Bank's property);
3 - repayment of credit debt by the client at the expense of funds received from the Bank;
4 - concluding a leasing agreement;
5 - transfer of fixed assets due to the conclusion of the leasing agreement;
6 - payment by the Client-Borrower Bank of Leasing Payments.
Figure 1.2. Possible order Renewal of problem credit debt into a leasing agreement
Reverse leasing on the proposed scheme could also be applied in other cases, in particular relative:
a) loan prolongation;
b) making a loan obligation to delay;
c) in the case of a commission of guarantee or guarantees for third parties and presenting them to the bank before paying for the prevention of off-balanced liabilities into overdue balance sheet;
d) appeal to recover the deposit that additional costs entails (usually associated with the design of legal documents).
As is known, lenders in the case of non-return by the borrower due to the loan period draw a penalty for the objects of the collateral, which go to the property. Further implementation by the bank of this property in order to reimburse the debt on the loan and improving the state of the loan portfolio can be carried out by selling it in the secondary market or transmission through leasing schemes.
The last way for a potential buyer is more attractive, because makes it possible to reimburse the value of the property gradually. Banks find such lessee are not difficult, because They are usually fairly informed about the need for basic means of their regular customers and can offer them a relevant service.
Contrary to a number of advantages, leasing has disadvantages: the need for more than when buying due to the loan, the number of participants in the agreement; a more complex organization and long-term preparation for the preparation of a lease agreement; High administrative costs. Ultimately, the leasing agreement is more expensive than the loan, since the rate of lease is included in obligatory Amortization amount. Leasing may be cheaper credit loan Only subject to the presence of certain benefits, which, by the way, are practiced in many developed countries To stimulate its development.
2. Performing leasing operations using the example of LLC Raiffeisen Leasing Aval
Raiffeisen Leasing Aval LLC is part of the Austrian Banking Group "Raiffeisen" with 150 year old history and European traditions, proven years. The company's activities are aimed at providing high-quality services and establish a long-term mutually beneficial partnership.
Raiffeisen Leasing Aval LLC is a universal leasing company providing Ukrainian enterprises to transfer services to financial leasing manufacturing equipment, equipment and vehicles. Start of activity - August 2006. Shareholders: 60% - Raiffeisen Bank Aval, 40% - Raiffeisen Leasing International.
Clients of the company may be legal entities and private entrepreneurs who have a stable financial situation and a permanent source of income. Customers of the company can get in financial leasing various equipment and techniques classified as major funds. Priority areas The development of leasing is: equipment, technique, transport.
2.1. Principles of leasing relationships
When conducting leasing operations, Raiffeisen Leasing Aval LLC is guided by the following principles:
1. Innovation;
2. Voluntary relationship;
3. contractual relations;
4. The negativeness of the contract when changing property owner;
5. Focusing and concreteness;
6. Public;
7. Separation of the right to use property from the owner;
8. urgency;
9. Return of property;
10. The right to repurchase property by the lessee.
1. The innovation of leasing consists in its main qualitative differences from credit operations bank. In accordance with current legislation, NBU's regulatory acts and intrabank positions, as well as customs turnover, to the most significant advantages of using leasing in comparison with the loan, include the following:
With financial leasing, negotiations with manufacturers and suppliers, registration of sales contracts, the registration of property produces a lessor, which reduces the temporal and material costs of the lessee, simplifies the procedure for obtaining equipment;
Obtaining a loan for the purchase of equipment may be conjugate with the requirements of the transaction (the need for a bank guarantee, guarantee, pledge or other ways to ensure the execution of the obligations of the enterprise in front of the creditor). In the leasing, on the contrary, the equipment provided in leasing can be provided as the subject of the deposit;
Participants of the leasing transaction have the opportunity to apply the mechanism of accelerated accrual of property depreciation. The leased object is taken into account on the balance of the lessor or the lessee by mutual agreement. In the first case depreciation deductions included in leasing payments, the second achieves savings on enterprises' deductions when paying property tax, a taxable base, for which, with accelerated depreciation, becomes quickly reduced residual value property; When loan, the company takes into account the acquired equipment on own balance, and not allowed him accelerated depreciationthat slows down the investment process in the main production funds;
All other things being equal, the leasing deal lies for a longer period, in contrast to the loan agreement, which reduces the regular payments of payments and thereby increase the working capital of the enterprise. At the same time, the credit line is preserved in the bank (if it exists), the dependence on the usual sources of financing decreases;
Unlike the loan, when equipment is purchased immediately after receiving credit fundsWhen leasing, usually there is a choice of: to buy a lease object, extend the contract or attract new modern equipment;
When leasing, in coordination with the leasing company, it is possible a warranty and subsequent service maintenance of equipment by the supplier or lessor.
2. Conducting leasing operations is to comply with the principle of voluntaryness, i.e. Leasing relationships are committed by own willing Leasing subjects, without coercion.
In conditions market economy There is an objective need to interact with various business entities: suppliers, consumers, partners, intermediaries, insurers, etc. This interaction is carried out, as a rule, in the form of transactions.
3. Deals recognize the actions of citizens and legal entitiesaimed at establishing, changing or terminating rights and obligations. Each participant of the transaction assumes certain obligations and receives certain rights. These rights and obligations of the parties are fixed in the contract. The agreement is an agreement between two or several persons about establishing, changing or termination civil rights and duties. The contract includes the subject of agreement, mutual rights and obligations of persons, the consequences of violation of the contract.
4. The principle of non-invalidness of the contract when changing the property owner is that during the action of the lease agreement, the object of leasing to another lessor can occur, while the use of property remains for the initial lessee.
5. The principle of focus and concreteness is based on the mandatory achievement of specific economic objectives, solving the socio-economic tasks specified by the parties to the leasing agreement and determined in the lease agreement.
6. The principle of payability lies in the fact that the lessee contributes a certain fee for the use of leased. Leasing payments include:
The amount that reimburses the total cost of leasing property;
The amount that is paid to the lessor as a percentage for the provided loan to acquire property under the lease agreement;
Commission remuneration to the lessor;
The amount of insurance payments under the lease insurance insurance contract;
Other expenses of the lessor provided for by the lease agreement.
7. The principle of separation of the right to use property from the owner - when leasing, the property for leases is preserved for the lessor, and the client acquires it only for temporary use, i.e. The right to use property is separated from the right of ownership. At the end of the transaction, leasing property can be redeemed by the client at a residual value.
8. The principle of urgency - the payment of the value of the property over a certain period of lesing.
9. The return of property is the principle according to which the subject of leasing at the end of the lease agreement should be returned to the lessor.
10. Or in another case, if specifically in the lease agreement, leasing property can be redeemed by the lessee in the lessor at a residual value.
2.2. Stages of a leasing transaction
When conducting a leasing transaction, Raiffeisen Leasing Aval LLC is guided by the following regulatory framework regulating the implementation of leasing operations. Namely: Civil Code Of Ukraine Paragraph 6, part 1 of ZI ZMІNOV, submission of ZGIDII IZ Law No. 1111-V (1111-16) VID 31.05.2007, VD, 2007, No. 44, Art. 512, Economic Code of Ukraine Article 292, Part 1 Zi Zmіninov, submission of ZGIDI II law No. 549-V (549-16) Vіd 9.01.2007, No. 12, Article 106, Law of Ukraine "On the taxation of enterprises' profits" Paragraph 1.18, article 1 Zi Zmіninov, submission of ZGID III law No. 3118-III (3118-14) VID 07.03.2002, VD, 2002, No. 33, Art. 238), Ukraine's law "On Leasing" Zi Zmіninov, submitting law of Ukraine Vіd 14.01.1999, № 394-XIV, Development of the National Bank of Ukraine about Zolddzhennnya Іnkrutsії about the order of Zdіysnenna control І Refimine L_zenzіy for the exports, Impnis, L_zingovy Operts , Issue Zgіdny Z, the decision of the National District Bank No. 455 (Z0037-07) Vіd 13.12.2006, it was stated in the Milistendies of Justice Ukraine 05/28/1999 for № 338/3631.
As in any complex financial transaction, in a leasing operation with the participation of Raiffeisen Leasing Aval LLC, it is fashionable to highlight three main stages:
1. Preparation and rationale;
2. Legal registration;
3. Execution.
At first preliminary stage, preparatory work is carried out preceding the conclusion of a number legal contracts, which is due to the complex nature of multilateral relations during leasing, the need for a detailed study of all conditions and features of each transaction; The question of the sources of financing the transaction is resolved. At this stage, applications of the future lessee are drawn up, the conclusions of the financial condition of the potential lessee are preparing and the effectiveness of the leasing project is calculated.
An important role in the preparatory stage is played by the study of the leasing market, its main trends, the identification of demand for certain types of equipment. At the same time, various factors are taken into account: the oscillation of market prices for this or that equipment using demand, prices and tariffs for other related services (repair, maintenance), change in transport tariffs, etc.
The common purpose of pre-work is the search for the lessor of potential customers interested in leasing. At the same time, the initiative in the conclusion of leasing transactions, as a rule, comes from the future lessee, which independently finds the necessary property of the supplier or requests a request to help in finding a supplier to the jar.
All further relationships between the parties are based on the application - petitions submitted by the lessor to the future user.
The application is drawn up in arbitrary form, but it must maintain a technical description of the necessary equipment, its economic parameters, Name and details of the provider with them (Appendix 1).
Simultaneously with the statement, the potential lessee represents the bank a legally certified copy of his charter and all the necessary information about its economic situation and development prospects in form and within the deadlines established by the lessor. The standard set of documents also includes balance sheet per last year or (s) quarter economic justification and analysis of the effectiveness of the transaction. If necessary, at the request of the Bank, providing this information, as well as data operation data may be repeated. In case of any changes to your legal or financial state The lessee must notify the lessor about this. Also to the standard set of documents submitted by the potential lessee, the questionnaire is attached to a legal entity (Appendix 2).
In turn, the Bank in order to protect himself in case of failure to fulfill the lessee of payment obligations produces an assessment economic activity Customer from the point of view of its solvency.
In addition, the lessor is required to analyze the leasing project in order to identify the possibility of passing the property rented (in the case of the conclusion of an operational leasing agreement) or its sale in the event of early termination of the leasing agreement on the fault of the lessee.
The valuation of the solvency of the lessee is made according to the general scheme adopted for the analysis by the Bank of the creditworthiness of its customers.
However, since the leasing surgery in the classic version is long-term, the lessor should be interested in not only the current financial position of the lessee, how much the ability to fulfill all payment obligations under a long-term period, which corresponds to the term of the leasing agreement. It is also necessary to evaluate the overall market conditions, place and prospects of this enterprise in market competition. Based on this, the analytical department of the Bank prepares the conclusion about the solvency of the lessee and the recommendations on the establishment of leasing relations with it. If the prisoner is associated with a large risk share, the bank may require the lessee providing it with the necessary guarantees.
Having assumed a positive decision on joining a leasing transaction, the Bank on the basis of the application of the lessee directs the order-outfit supplier. In it, along with the legal address and bank details The lessee is indicated by the type of property with all necessary parameters, its price and the location of the recipient. If there is a need to perform additional work (for example, installation, installation, etc.), a technical task is attached to the order to perform these works with their value.
After receiving the order, the supplier must notify the lessor about its receipt and readiness for execution.
At the second stage, legal consolidation of the leasing transaction is made. The main document of the leasing transaction is the lease agreement (annex 3). It lies between the owner of the property (Bank) and the user about providing the latter to temporary use for the entrepreneurial activity of the leased object.
The lease agreement must contain the following main provisions:
1. The Subject of the Agreement;
2) the procedure for the supply and acceptance of property;
3) rights and obligations of the parties;
4) the use of property, care, repair and modification;
5) insurance;
6) leasing period;
7) leasing payments and penalties;
8) the responsibility of the parties;
9) the procedure for resolving disputes;
10) conditions of early termination of the contract;
11) the actions of the parties on the completion of the transaction;
12) other conditions;
13) force majeure;
14) legal addresses and bank details.
In the preamble of the contract, the name of the parties and the names of persons authorized to sign the contract are indicated.
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At first, when the company was engaged in Diesel's clothes, I had a good, cohesive team of 10-14 people, and this is despite the fact that a soft discipline is maintained in maintaining the schedule of the working day of each seller)). The fines were rather rare and mostly suffered from them by people who come for a couple of weeks .. I consider the creation of a good team and leadership to him only with my merit (the company in the face of 2x-3 old maid-clowns from the office only distributed negative for any occasion).
The company only provided me with a square for self-development, for which she is one only - thanks. Communication with the office klimakterichnymi nedozhenschinami (in sled.razdele written about them) and monitoring podlizyvaniem other managers and office managers asses regard as the acquisition of useful experience. This experience helps become the best person than they; teaches it better to understand people; Brings up healthy pride in man, courage inside itself and the inability to fall to their level. Now, working on a well-paid position, in a good organization and in a relaxed atmosphere, I, with a smile of connecting, remember
That circus, which was going on in "Vintage". But still I can not not describe the minuses. Hopefully, these disadvantages will be an excellent addition to a summary of the scum, which I have listed below)))
Due to good management personnel (as told in the office, and in fact some of the envy that I have an excellent relationship in the team, and in general the fact that I worked well), I was transferred to another store ... and rushed ... Three fourth women from the office, who consider themselves a navel of the earth (I write names with a small letter because of the extreme disrespect for them). It was united by one thing - to blame for all anyone, just not they. And even sooo did not like when there were healthy, cohesive relationships between employees. So:
1.Lila - nicknamed "Tuben", fat, asian type, arriving. recruited staff; There was a very high opinion about himself that apparently gave her the right to humiliate everyone whom she would only want to humiliate. According to the form and verbal content resembled just a bunch, which, as they say in the famous saying, cannot be touched; 2. Olga Olga - a shameless creature, an amateur finant managers are not on the case at once on 3000r and campaign in his pocket. I did not really do anything. 3.kiselova Masha - named "jelly", was a senior merchandiser, but horror as did not like her so called ... now job title still remains classified as "secret"; Sometimes hysterified. From the latest news - they say "I moved away from the coils." It was told a lot on all in all sorts of trifles to the higher authorities due to frequent location in stores.
In general, these three losses were laid at some point so much that they decided to gain their own heliers. Everything would have done anything, but Leila took himself to help the girl-cashier, Shutovaya Tanya (although a person who trained was to engage in personnel, especially a psychologist, who had gained some heavy drug addicts into the team, apparently ). She asked her mood to determine the cap - "if the cap is dressed in one way, then I am with an exacculent and I don't have anything about anything, but if everything is super." Many incoming artists are eloquently not embarrassed in expressions and laughing, reported to me what strange, the inhibited manager conducts an interview. Along with this, the lack of discipline (and the impossibility of introducing any measures to its creation) turned my work to hell. The order in the new store was prevented by the blossoming urban personnel and a rigging-walking manager.
When they opened "Miss Sixti" and so on. - There is generally darkness, ZP began to fall, there were super-processing for a penny (right up to the closure of the subway, taxis were not paid); reaching the frank idiocy of the soldiers of these office aunt-geeks - there is no sales in another unworthy of TRC - sellers and manager are guilty! !
In general, they have never been heard of motivating phrases or wishes. They needed cowardly stukachi and podlises such as: Ryabov Dmitry - the complete degenerate; Being Menter and then by the manager (not without the help of Roman), loved to arrange plastic toys like a betman, Hulk, Spider Man, etc. in the workplace (and this is 28 years old). He adored to make the appearance that he himself receives responsible decisions, although in fact it was very cowardly and was afraid to dismiss even the seller of a drug addict who threatened his health to his colleagues; Oleg Aksenov - thanks to the careful travelery and the roughness of their own language, it was very early to the manager, then he was heading the office to the manager. He came to the company by the cattle and the drug addict (in principle, so and left). He liked to imitate to the higher management in everything, even if he did not like it and did not go;). Emelyanov Arsen - manager. thoroughly hid, his Dagestan roots, due to the fact that he communicated in the circle of football fans; There was a case, walked with the Fingal to work. They say a lover of Thai transvestites)). Dimka Zorya - manager. Pathetic, cowardly man. Just dared, bastard, in the office, when the decision was made to finish me. They all worshiped office shmarars, as if gods.
To date, now all of them, including office, dismissed or replaced by someone directorire director of Kolchin (also not always an adequate person, lost to Diesel and scored the stores with a slag type "Energy"). But still I heard that there is a bardak full of so far.
It is worth adding that there was never no paying vacations (although it is forced to write a statement type it is) nor payment of hospital. In general, there is no social package, there are almost all gray sn, large frames are present. From there, I quit myself on my own desire, but insured (it was pondered for 3000r for the fact that I did not come to the meeting in the office on my day off). Unfortunately, it was pointless to complain about the employment inspection. My white salary will be not going ... I hope Novokshchenov, her children and children of her children (if any) will be tormented for a long time from Sepsis for how much evil she did people ...