A Lease is a contract between owner of the asset and beneficiary. Owner of the asset is called lessor and the beneficiary is called lessee. The lessee has the right to posses and to use the asset on payment of the specified rentals over a predetermined period of time.
Steps involved in Leasing
A contract of lease provides a person an opportunity to use an
asset which belongs to another person. The following steps are involved in a
leasing transaction
Ø The lessee identifies the
need for the equipment and selects the supplier.
Ø The lessee approaches a
leasing company or Lessor to lease the equipment needed.
Ø The lessee has to furnish the
following information:
Ø Name and address of lessee
Ø Details about his business
Ø Name and address of
guarantor, if any
Ø Description of the equipment
Ø Name and address of the
supplier and the quoted price
Ø Place of installation
Ø Duration of the lease.
Ø The Lessor examines the
proposal after receiving the particulars from lessee and evaluates the
credit-worthiness and rent paying capacity of the lessee.
Ø The Lessor and Lessee enter
into lease agreement. It contains the terms and conditions of the lease such
as, lease period, rental payments, details regarding renewal of lease period,
cost of repair and maintenance, insurance and any other expenses etc.,.
Ø After the lease agreement is
signed, the Lessor requests the manufacturer to supply the asset to lessee.
Types of Leasing
Financial Lease
Financial lease is an alternative to borrowing money and buying the
equipment. The features of financial lease are:
Ø The machinery is selected
from the supplier by lessee based on his requirement.
Ø The lessee negotiates the
terms of the purchase i.e., price, delivery, installation, warranties,
maintenance and payments.
Ø The payment for purchases is
made by Lessor and he is the legal owner of the machinery.\
Ø The risk of obsolescence and
responsibility for maintenance are to be borne by lessee.
Ø Lessee has to pay rent regularly.
Operating Lease
Operating lease is a rental agreement and its features are as
follows:
Ø The period of the operating lease is generally shorter than the
economic life of the leased asset.
Ø The ‘lessor’ bears the risk of obsolescence and responsibility of
maintenance of asset.
Sale and Lease Back
It is an agreement between owner of the asset and leasing company.
First, the firm (owner) sells the asset to the Leasing Company and leases it
back simultaneously. The ownership of the asset transfers to the leasing
company, the company in turn leases it to the seller and the seller becomes
lessee.
Cross Border Lease
The lease agreement is made between the persons of two countries.
Lessor and lessee are domiciled in different countries, the lease is said to be
cross-border lease.