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融资租赁承租人违约时出租人的救济途径
Sou Hu Cai Jing· 2025-04-09 18:28
Core Viewpoint - The financing lease model, which integrates trade, credit, financing, and asset utilization, has been developing in China for over 30 years, providing benefits to both lessors and lessees, but it faces challenges such as increased disputes and lessee defaults, particularly in rent arrears and unauthorized disposal of leased assets [1] Group 1: Lessee Default and Lessor Remedies - Lessor's remedy for lessee default includes requesting full payment of overdue rent, with the right to demand all unpaid rent if the lessee fails to pay within a reasonable period after notice [2] - The core remedy for lessor in case of lessee default is to terminate the contract and reclaim the leased asset, which requires sending a termination notice to the lessee [3] - Lessor's priority right to compensation from the value of leased assets is a crucial mechanism for debt recovery, allowing them to claim proceeds from the sale of leased assets to cover unpaid rent and other fees [5][6] Group 2: Special Circumstances and Lessor Strategies - Non-rent defaults, such as unauthorized disposal or improper use of leased assets, can also occur, and if deemed a fundamental breach, the lessor may accelerate rent payment or terminate the contract [7] - In cases where the lessee faces other debt disputes, the risk of forced execution on leased assets exists, and the lessor's ability to prevent this largely depends on whether proper registration has been completed [8] Group 3: Judicial Considerations in Lessee Default - In judicial practice regarding financing lease disputes, the focus should be on whether the lessor's claims align with the principle of "one choice exercise," avoiding double recovery [9] - The court should assess whether the lessee's actions constitute a fundamental breach, particularly in cases where the lessee has made substantial rent payments or provided alternative guarantees [10]
年报透视|银行系金租“强者恒强”:交银金租再次登顶,梯队格局更加明显
Core Insights - The financial leasing market in 2024 shows a trend of "total growth and clear hierarchy," with bank-controlled leasing institutions dominating the industry [1][6] - The "billion club" has 15 institutions, with 14 being bank-controlled, indicating a strong presence of bank-affiliated leasing companies [1][7] - The competitive landscape is characterized by a "stronger getting stronger" phenomenon, with leading institutions expanding their market share while smaller firms seek differentiation [1][10] Company Performance - As of the end of 2024, the top three financial leasing institutions by total assets are: - China Merchants Jin Leasing (交银金租) with 443.6 billion yuan - Industrial Bank Jin Leasing (工银金租) with 417.5 billion yuan - National Bank Jin Leasing (国银金租) with 405.9 billion yuan [2][3] - China Merchants Jin Leasing achieved a revenue of 32.172 billion yuan, a year-on-year increase of 9.69%, and a net profit of 4.37 billion yuan, also up by 9.02% [3] - Industrial Bank Jin Leasing experienced a significant asset growth of 50.21%, indicating a leap in its development [4][8] Market Trends - The financial leasing market is witnessing a clear division into two tiers based on asset size, with the top tier consisting of institutions with over 300 billion yuan in assets [7][10] - The overall market is characterized by a focus on specialization and differentiation, with institutions actively expanding into niche markets such as aviation, energy, and green leasing [6][10] - The competitive pressure on smaller institutions is increasing, leading to a more pronounced differentiation in performance among leasing companies [10] Institutional Insights - China Merchants Jin Leasing has solidified its position as the industry leader, while Industrial Bank Jin Leasing and National Bank Jin Leasing continue to compete closely [2][3] - National Bank Jin Leasing's asset size decreased by 0.94% year-on-year, reflecting challenges in maintaining its competitive edge [5][8] - China Merchants Jin Leasing's dominance in the shipping sector, with a fleet of 471 vessels and 157.056 billion yuan in shipping assets, underscores its strategic focus [3][5]
保税区融资租赁填写指南:操作步骤及常见问题解析
Sou Hu Cai Jing· 2025-03-31 20:47
Core Insights - The article emphasizes the importance of accurate documentation for financing lease operations in bonded zones to enhance customs efficiency and tax compliance [1][3][4] Group 1: Financing Lease Operations in Bonded Zones - The "domestic outside" nature of bonded zones allows for deferred payment of customs duties and VAT on leased equipment, significantly reducing the working capital requirements for companies [1][3] - Companies must adhere to the regulations outlined in the "Management Measures for Financing Lease Business in Customs Special Supervision Areas," particularly regarding projects with lease terms exceeding three years, which require a rental payment plan submitted to local customs [3] Group 2: Key Operational Considerations - Accurate registration of leased equipment information is crucial, including the use of unique identifiers like factory numbers to prevent delays and losses due to incorrect information [3] - The bank guarantee for tax payments should cover 110% of the total rental amount to account for potential duties, VAT, and penalties [3] - Lease contracts must include clauses for residual value handling to avoid disputes during customs valuation, with recommendations to follow international standards for depreciation calculations [3] Group 3: Technological Innovations and Compliance - The trial of a "blockchain + financing lease" customs model in Guangzhou Nansha Bonded Port Area aims to improve customs efficiency by allowing companies to upload electronic label information for automatic comparison with customs data [4] - Companies are encouraged to establish a dynamic declaration mechanism, as seen with an airline that successfully paused rental payments during maintenance through a pre-declaration system, yielding significant economic benefits [4] - A comprehensive risk control system from contract negotiation to end-of-term disposal is essential for compliance management in financing lease operations within bonded zones [4]