02.01.2019

The terms leasing agreement and financial lease agreement are synonymous. It is allowed to use both one and the other expression, since they are equivalent.

Finance lease refers to special types rent. Most often, leasing is used to expand production capabilities by providing the enterprise with new equipment. A finance lease is subject to the rules governing general provisions rent. Leasing is a investment activity for the acquisition and transfer of property in leasing.

However, unlike a simple lease, the implementation of a leasing transaction is always more complicated. A leasing transaction combines several independent and at the same time interrelated legal and actual actions. First, a leasing agreement is signed. On the basis of this agreement, all subsequent actions aimed at the implementation of a specific leasing transaction are carried out in the future.

The concept of a leasing agreement

Under a leasing agreement, the lessor undertakes to acquire ownership of the property indicated by the lessee from a seller determined by him and lease it to the lessee for business purposes for a certain fee. The leasing agreement may provide that the choice of the seller and the acquired property is carried out by the lessor.

Then the lessor, on the basis of a sale and purchase agreement, acquires the property, which becomes the subject of leasing. After that, a lease relationship arises between the parties to the lease - the acquired property is transferred to the lessee for temporary possession and use.

It must be borne in mind that the seller of property cannot be both the lessor and the lessor the seller of the property. Meanwhile, an organization within the framework of one leasing legal relationship can simultaneously act as a seller and a lessee.

The main feature of a financial lease is that it is not the property that was previously in the use of the lessor that is leased, but the new property specified by the lessee and specially purchased for him from a certain seller. In this case, the lessor is not responsible for the choice of the subject of leasing and the seller, unless otherwise provided by the agreement.

Another significant difference between a leasing agreement and a lease is that instead of two subjects, as in a lease, three participants are involved in the legal relationship of a financial lease: the seller of the property, the lessor and the lessee.

Financial lease participants are bound by not one, but, as a rule, two contracts. The lessor concludes a purchase and sale agreement with the seller of the property selected by the tenant, and a financial lease agreement with the tenant. Both contracts are interconnected: it is usually the tenant, and not the landlord, who selects the seller and agrees on all the terms of the contract of sale. The tenant agrees on the subject of the contract of sale, its price, terms and place of delivery. Nevertheless, the tenant is not in a contractual relationship with the seller of the property, although he is endowed with a number of rights and obligations in relation to him.

The purchase of the leased property is not an essential condition of the financial lease agreement. The law determines that the agreement may provide for the transfer of the leased asset into the ownership of the lessee upon the expiration of the lease agreement or before its expiration on the terms stipulated by the agreement of the parties.

Legal regulation of financial lease

The legal basis for the regulation of leasing is Chapter 34 Civil Code Russian Federation, as well as the Federal Law of October 29, 1998 N 164-FZ "On Financial Lease (Leasing)".

The Civil Code of the Russian Federation formulates the main provisions on leasing, and the Law details the essence of leasing relations, sets out special rules that make it possible to distinguish leasing from other lease relations, lists the rights and obligations of the parties under a leasing agreement. In addition, a number of by-laws clarify and develop the provisions of these documents.

The lessee may pledge his rights under the lease agreement. To do this, it is necessary to obtain the consent of the lessor, since the pledge of the right to lease or other right to someone else's thing is not allowed without the consent of its owner or the person having the right of economic management to it, if the law or the contract prohibits the alienation of this right without the consent of these persons.

The law contains only one essential condition of a financial lease agreement - this is data that allows you to definitely determine the property to be transferred to the lessee as a leased asset.

The lessor can exercise the right to undisputed write-off of funds from the lessee's account only in case of non-transfer of lease payments more than two times in a row after the expiration of the payment period established by the agreement (previously, an indisputable write-off of funds was also possible if the lessee transfers the subject of leasing to subleasing without the consent of the lessor, if the lessee violates the conditions use of the leased asset, if the lessee does not maintain the leased asset in good condition, which worsens its consumer qualities).

The legislation retains the restriction that the subject of leasing can be any non-consumable things used for entrepreneurial activity. This excludes the possibility of acquisition of fixed assets by non-profit organizations.

International leasing

The main forms of leasing are domestic and international leasing.

In the event of an internal financial lease, the lessor and the lessee are residents of the Russian Federation. When carrying out international leasing, the lessor or lessee is a non-resident of the Russian Federation. Such contracts are governed by internal Russian legislation And international documents about leasing.

Subject of a financial lease

The subject of leasing and the seller are chosen by the lessee, unless otherwise provided by agreement of the parties. By mutual agreement of the parties, this right may be granted to the lessor. The risks associated with the choice of the seller and the subject of leasing are borne by the party that chooses them.

The subject of leasing can be any non-consumable things, including enterprises and other property complexes, buildings, structures, equipment, vehicles and other movable and real estate, which can be used for business activities.

Excluded from finance lease turnover land and others natural objects, as well as property that is prohibited by federal laws for free circulation or for which special order circulation, with the exception of military products, the leasing of which is carried out in accordance with international treaties Russian Federation.

The subject of financial lease as a general rule (unless otherwise provided by the contract) is the property of the lessor.

The object of leasing should be used only for business purposes. For example, if a car leased for business purposes is actually used for personal purposes, this means that the lessee has materially violated the terms of the lease agreement.

In cases stipulated by law, the object of leasing must be registered in accordance with the procedure established by law. This primarily applies to vehicles. By mutual agreement of the parties, the car is registered in the name of either the lessor or the lessee. By agreement of the parties, the lessor has the right to instruct the lessee to register the car in the name of the lessor. If the car under the terms of the contract is registered in the name of the lessor, registration is carried out at the location of the lessor on a general basis; if in the name of the lessee, then the registration authorities temporarily register the car at the location of the lessee for the duration of the leasing agreement.

The leasing agreement may provide that the car becomes the property of the lessee. Then, after receiving a written confirmation from the lessor about the transfer of ownership, the car is registered in the name of the lessee on a permanent basis.

Features of the leasing agreement

Any business contract is considered concluded if an agreement is reached between the parties on all essential terms. For a leasing agreement, the law specifies only one condition as a mandatory one - about the subject of leasing. A financial lease agreement that does not contain the necessary data to definitely identify the property to be transferred to the lessee as a leased asset is not considered concluded.

The lease agreement is concluded in writing. There are several ways to comply with the written form of the contract. So, the parties can draw up a single document (agreement), signed by authorized representatives of the parties, or exchange documents, from which the will of the parties to conclude an agreement is visible. The written form will also be observed if the written proposal of one party is responded by the other with actions aimed at fulfilling the conditions that the parties have agreed upon.

Sometimes a financial lease agreement should not only be drawn up in the form of a single document, but also registered in the prescribed manner. For example, a real estate leasing agreement concluded for a period of at least a year. In this case, the financial lease agreement is recorded as an encumbrance of the lessor's ownership right. The encumbrance is the right of the lessee to own and use the object of leasing owned by the lessor.

The term for which the property is leased does not apply to the essential terms of the contract. If the term is not specified in the agreement, it is considered that the finance lease agreement is concluded for an indefinite period.

The lease agreement is paid. The lessee is obliged to pay lease payments for the use of the property. Lease payments are understood as the total amount of payments under the leasing agreement for the entire period of its validity. This amount includes the reimbursement of all expenses of the lessor, directly or indirectly related to the leasing agreement, as well as its income. The amount of lease payments is determined by mutual agreement of the parties and does not change more than once every three months.

The parties determine the procedure for paying lease payments by mutual agreement. If lease payments under the terms of the agreement are made in equal parts with a certain frequency, then the amount and procedure for their payment can be provided directly in the agreement. Leasing payments may be transferred irregularly or in unequal parts, for example, depending on the financial capabilities of the lessee. In this case, a schedule of leasing payments is drawn up as an annex to the contract.

Leasing payments can be made in products that the lessee produces with the help of the leased asset. Then the price for these products is determined by the parties in the contract or in additional agreement to him.

The subject of a financial lease may be on the balance sheet of both the lessor and the lessee. Therefore, it is important to determine in the leasing agreement who will have the object of leasing on the balance sheet during the entire term of the agreement. This, in particular, depends on which of the parties will charge depreciation. Depreciation deductions are made by the party on whose balance sheet the subject of leasing is located. The parties to the agreement, by mutual agreement, have the right to apply accelerated depreciation to the leased asset.

Fixed assets leased are subject to corporate property tax. The payers of this tax are both owners and tenants of the property. In leasing, the tax payer is the party whose property is on the balance sheet under the terms of the agreement. If such a contract is not established, by default, the lessor as the owner of the property must accept the object of leasing on the balance sheet.

Termination of a finance lease

After the termination of the contract, the subject of leasing is either returned to the lessor, or becomes the property of the lessee. In the latter case, at the end of the leasing agreement, the property actually remains at the disposal of the lessee, and the parties conclude a contract of sale, according to which the lessee acquires ownership of the property. It is necessary to conclude a contract of sale, because the leasing relationship, in essence, is a lease and cannot regulate the transfer of ownership.

The lessee, whose ownership of the property passes at the end of the leasing agreement, is obliged not only to pay lease payments, but also to redeem the property. The procedure for the redemption and the redemption value of the property of the parties shall be determined by mutual agreement. Redemption can be made in one payment at the end of the lease agreement or in stages during the lease process.

In a staged payment, the redemption price is usually paid as part of the lease payments. In this case, it is advisable to indicate in the contract what the lease payment consists of, that is, which part is for rent, and which part is for the purchase of property. Otherwise, the purchase price cannot be determined. In addition, the lessee may have difficulty in forming the initial price of the acquired property in accounting and tax accounting.

Obligations of the parties to the leasing agreement

Based on the lease agreement, the lessor undertakes:

  • acquire certain property from a certain seller in order to transfer it to the lessee for a certain fee for a certain period on certain conditions as a subject of leasing;
  • fulfill other obligations arising from the content of the leasing agreement (acquisition of rights to intellectual property(know-how, licensing rights, rights to trademarks, brands, software and others); acquisition from third parties of inventory items required during the installation (installation supervision) and commissioning works; implementation of installation (installation supervision) and commissioning works in relation to the subject of leasing, personnel training; post-warranty maintenance and repair of the leased asset, including current, medium and overhaul; preparation of production areas and communications, services for carrying out work related to the installation (assembly) of the leased asset; other works and services, without which it is impossible to use the object of leasing).

In addition, the lessor is obliged to notify the seller that the property is intended to be leased to a certain person.

The lessor must notify the seller in writing. The obligation of the lessor to notify the seller is an essential condition of the contract for the sale of the object of leasing, therefore it is subject to the same form (simple written) that is provided for the contract for the sale of the object of leasing. To do this, the name and full details of the lessee must be indicated in the contract of sale. It is also possible in the agreement with the seller to refer to the leasing agreement, for the execution of which the property is acquired. In addition, the lessor may notify the seller by a separate document, such as a letter.

It is important to warn the seller, because when the acquired property is leased, the seller has additional responsibilities, which are not in the usual sale and purchase.

As a general rule, the property acquired by the lessor, the seller is obliged to deliver directly to the lessee at his location.

The lessor and the lessee have the right to make claims against the seller regarding the quality and completeness of the leased asset: the lessor - as a buyer under the contract of sale, the lessee - by virtue of a direct indication of this in the law.

All expenses for the current and major repairs of the leased asset shall be borne by the lessee, unless otherwise provided by agreement of the parties.

Under the lease agreement, the lessee undertakes:

  • accept the subject of leasing in the manner prescribed by the leasing agreement;
  • pay the lessor leasing payments in the manner and within the time limits stipulated by the leasing agreement;
  • at the end of the term of the leasing agreement, return the object of leasing, unless otherwise provided by the leasing agreement, or acquire the object of leasing into ownership on the basis of a purchase and sale agreement;
  • fulfill other obligations arising from the content of the lease agreement.

List, volume and cost additional services must be specified in the lease agreement. In addition, the leasing agreement may stipulate circumstances that the parties consider to be an indisputable and obvious breach of obligations and which lead to the termination of the agreement and the withdrawal of the leased asset.

The lease agreement may provide for the right of the lessee to extend the term of the lease with the preservation or change of conditions.

By general rules civil law the risk of accidental loss and damage to property shall be borne by the person who is the owner of the property. But for rent, including leasing, a special rule is provided. With the transfer of property, the risk of accidental loss and damage to the leased asset passes to the lessee, although the lessor remains its owner throughout the entire term of the contract.

Rights of the lessor

The lessor has all the rights provided for lessors. But the lessor is also an investor. When buying expensive property and renting it out, he carries high entrepreneurial risks, and therefore, needs additional guarantees. Therefore, the lessor is provided special rights in relation to the lessee.

The lessor may inspect the lessee for compliance with the terms of the contract. The inspection procedure is provided by the parties in the leasing agreement. To do this, the lessee is obliged to provide the lessor with unimpeded access to financial documents relating to leasing, as well as to the subject of leasing. It happens that during the operation of the property the lessee receives less profit than was originally expected. There are two main reasons: inefficient use of property or inflated costs. As a result, the lessee does not make lease payments. First of all, the lessor suffers from this. The lessor is entitled to exercise financial control over the activities of the lessee insofar as it relates to the subject of leasing. What is included in the concept of financial control, the Law does not disclose.

Only one action is directly envisaged, the purpose of which is to ensure the lessor's rights to financial control: the lessor can send written requests to the lessee and the lessee is obliged to satisfy them. If the parties decide that this is not enough, the contract must provide for other ways of financial control and the purpose of its implementation.

If the lessee fails to pay lease payments more than two times in a row within the terms stipulated by the agreement, the money is debited from his current account without acceptance. To do this, the lessor sends an order to the lessee's bank to write off money within the limits of the debt on lease payments. It must be remembered that without acceptance, only the amount of the principal debt can be written off. Penalties for late payments are collected in accordance with the generally established procedure (claim and judicial).

Leasing (financial lease) agreement template

financial lease (leasing) of property

_________________ "___" ___________ ___

Hereinafter referred to as the "Lessor", represented by ____________________________________________________, acting on the basis of ____________________________________________, on the one hand, ___________________________________, hereinafter referred to as the "Lessee", represented by _____________________________, acting on the basis of ____________________________________________, on the other hand, have concluded this Agreement as follows:

  1. SUBJECT OF THE CONTRACT

1.1. Under this Agreement, the Lessor undertakes to acquire ownership of movable property _____________________________________________

1.2. The choice of the Seller and the Property under this Agreement is carried out by the Lessor.

1.2.1. The conditions for the sale and purchase of the Property, the procedure and terms for the delivery of the Property must be agreed upon by the Lessor in the contract for the sale of the Property. The Lessor undertakes to inform the Lessee about the concluded contract for the sale of the Property and its conditions within _______ from the date of its signing by the Seller.

1.3. The Seller has been warned that the Property is being acquired by the Lessor for leasing: ____________________________________________.

1.4. The property becomes the property of the Lessee no later than ________ before the expiration of this Agreement, except for the following cases:

a) the Lessee waived the right to redeem the Property, and the Lessee has the right to send the Lessor a notice of waiver of the right to redeem the Property no later than ____________;

b) The property is subject to seizure in connection with the refusal of the Lessor from this Agreement;

c) the Lessee has unilaterally terminated this Agreement;

d) The Parties have terminated this Agreement by mutual agreement.

In the event of the occurrence of at least one of the events listed in subparagraphs "a" - "d" of this paragraph, the Lessee is obliged to return the Property to the Lessor under the act of returning the Property within __________ from the moment:

a) sending by the Lessee a notice of waiver of the right to redeem the Property or unilateral waiver of this Agreement;

b) receipt by the Lessor of a notice of seizure of the Property in connection with the refusal of the Lessor from this Agreement;

c) signing by the Parties of an agreement to terminate this Agreement.

  1. FEE FOR THE USE OF THE ITEMS OF LEASING

2.1. The Lessee is obliged to pay lease payments to the Lessor in accordance with the schedule of lease payments.

2.2. The terms and frequency of settlements between the Parties are determined in accordance with the schedule of lease payments.

2.3. The procedure for making lease payments: ___________________________.

2.4. The cost of repurchasing the Property is _____ (_________) rubles. The Parties have agreed to set off the payments made earlier by the Lessee under this Agreement into the redemption value of the Property.

  1. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. Within ________ after the signing by the Parties of this Agreement, the Lessor undertakes to purchase the Property from the Seller on the terms specified in the Property sale and purchase agreement, and within ________ from the date of delivery of the ready-to-use Property, transfer the Property to the Lessee for temporary possession and use under the deed of transfer. Simultaneously with the Property, the Lessor undertakes to transfer to the Lessee a copy of the sale and purchase agreement concluded by the Lessor with the Seller of the Property, as well as to transfer the documentation for the Property, the list of which is given in the deed of transfer.

3.2. The Lessor undertakes to provide the Lessee with the Property in a condition corresponding to its purpose, i.e. at the time of transfer of the Property to leasing, the Property must meet the following parameters: _________________________ (hereinafter referred to as the appropriate parameters of the Property). On the day of acceptance and transfer, the Lessor is obliged to check specifications Property in the presence of the Lessee (his authorized representative) and enter the results of the check into the transfer act. If the parameters of the object do not correspond to the proper ones, the Lessee has the right to:

a) not to sign the deed of transfer and agree with the Lessor or the Seller the terms for eliminating the defects of the Property;

b) withdraw from this Agreement.

3.3. The Lessee has the right to present directly to the Seller of the Property claims arising from the contract of sale concluded between the Seller and the Lessor, in particular, in relation to the quality and completeness of the Property, the timing of its delivery and in other cases of improper performance of the contract of sale by the Seller.

3.4. The lessee, at his own expense, Maintenance Property and ensures its safety, as well as carries out major and current repairs.

The Parties have agreed to understand under the current repair the implementation by the Lessee of the following actions: _____________________________ on time: ______________ with a frequency: __________________________.

The parties have agreed to understand under the overhaul the implementation by the Lessee of the following actions: _____________________________ on time: ______________ with a frequency: __________________________.

3.5. Within the period of __________ until the moment of ______________, the Lessee is obliged to inform the Lessor in writing of his intention to redeem the Property.

3.6. The Lessor has the right to exercise control over the Lessee's compliance with the terms of this Agreement. At the request of the Lessor, the Lessee is obliged to provide its financial statements within ______ from the date of receipt of the relevant request.

3.7. Responsibility for the safety of the Property from the date of signing the deed of transfer bears _________________________________________________.

3.8. The risk of non-fulfillment by the Seller of obligations under the contract of sale of the Property, the risk of non-compliance of the Property with the purposes of its use under this Agreement shall be borne by: ____________________________________________.

  1. TERM OF THIS AGREEMENT

4.1. This Agreement shall enter into force from the date of its signing by the Parties and shall be valid for ______________________.

4.1.1. The course of the leasing period begins from the date of signing the act of acceptance and transfer of the Property and terminates simultaneously with the termination of this Agreement.

4.2. This Agreement is made in ______ copies, having equal legal effect, one for each Party.

4.3. This Agreement may be terminated by the Parties unilaterally, provided that a notice is sent to the counterparty ________ prior to the expected date of termination of the Agreement.

  1. RESPONSIBILITY, DISPUTES RESOLUTION

5.1. If the Lessee violates the deadline for making lease payments, the Lessor has the right to submit a claim for payment of a penalty in the amount and on the terms established by the current legislation of the Russian Federation.

5.2. If the Lessor violates the deadline for the transfer of the Property, the Lessee has the right to require the Lessor to pay a penalty in the amount of _____ for each day of delay.

5.3. If the Lessee violates the deadline for returning the Property (in case of the Lessee's refusal to repurchase the Property or in the event of termination of this Agreement), the Lessor has the right to require the Lessee to pay a penalty in the amount of _____ for each day of delay.

5.4. Disputes arising from this Agreement shall be resolved by the Parties through negotiations and/or submission of claims. The party receiving the claim is obliged to send a notification of its receipt within __________ from the date of receipt. The answer on the merits must be sent by the Party within ___________ from the date of receipt of the claim.

5.5. In case of failure to reach agreement contentious issues resolved in judicial order in accordance with the current legislation of the Russian Federation.

5.6. In all other respects not provided for by this Agreement, the Parties shall be guided by the current legislation of the Russian Federation.

Contract for the sale and lease of property

The term "leasing" comes from English verb and means "to rent and rent property."

The concept of "leasing" as a type of investment activity appeared in the early 1950s. in the US in the 1960s. in countries Western Europe. In Russia, leasing transactions have been carried out since the 1990s. Leasing relations between the parties are formalized by a financial lease agreement (leasing).

A financial lease (leasing) agreement is an agreement under which the lessor (lessor) undertakes to acquire ownership of the property specified by the lessee (lessee) from a seller specified by him and provide the lessee with this property for a fee for temporary possession and use (paragraph 1 of article 665 Civil Code of the Russian Federation).

The feature that distinguishes leasing from ordinary rent is that:

the leasing agreement may provide that the choice of the seller and the acquired property is carried out by the lessor;

the subject of leasing transferred for temporary possession and use to the lessee is the property of the lessor (Article 665 of the Civil Code of the Russian Federation);

leased out property acquired by the lessor "under the order", at the direction of the lessee.

Legal qualification of the contract: compensated, mutual, consensual, contract in favor of a third party.

The subjects of leasing are:

lessor - an individual or entity which, at the expense of borrowed and (or) own funds, acquires property in the course of the implementation of a leasing agreement into ownership and provides it as a leased asset to the lessee for a certain fee, for a certain period and under certain conditions for temporary possession and use with or without transfer to the lessee the right of ownership of the leased asset. Since the contract is exclusively entrepreneurial, the lessor can be individual entrepreneurs; for legal entities, the conclusion of such agreements must correspond to their legal capacity;

lessee - an individual or legal entity who, in accordance with the leasing agreement, is obliged to accept the object of leasing for a certain fee, for a certain period and under certain conditions for temporary possession and use in accordance with the leasing agreement;

Seller - a natural or legal person who, in accordance with the contract of sale with the lessor, sells to the lessor the property that is the subject of leasing within the stipulated period. The seller is obliged to transfer the object of leasing to the lessor or lessee in accordance with the terms of the contract of sale. The seller may simultaneously act as a lessee within the same leasing relationship.


The participants of leasing relations can be banks lending to the lessor, Insurance companies etc.

Essential condition of the contract: subject (leasing property).

The subject of leasing can be any non-consumable things, including enterprises and other property complexes, buildings, structures, equipment, vehicles and other movable and immovable property that can be used for business activities.

The subject of leasing cannot be land plots and other natural objects (Article 666 of the Civil Code of the Russian Federation), as well as property that is prohibited by federal laws for free circulation or for which a special procedure for circulation has been established.

Form of the contract: written. In the case of leasing real estate, subsequent state registration is required, unless otherwise provided by law.

The law refers to the main forms of leasing domestic and international.

Domestic leasing is a leasing in which the lessor and the lessee are residents of the Russian Federation. In international leasing, non-residents of the Russian Federation act as lessors or lessees.

Features of the lease agreement.

As a participant in leasing obligations, along with the lessor and the lessee, the seller of the property, who is the owner, acts.

The lessor is not the owner or title owner of the property to be leased. He is obliged to acquire this property belonging to another person (seller). When purchasing property for a tenant, the landlord must notify the seller that the property is intended to be leased.

The active role belongs to the tenant. It identifies the seller and specifies the property to be purchased.

The transfer of property leased under a leasing agreement to the tenant is carried out not by the lessor, but by the seller of this property. From the moment the property is transferred, the risk of accidental loss or damage to the leased property passes to the lessee.

Thus, three subjects are connected by two contracts - purchase and sale and leasing. The landlord enters into a contract of sale with the seller of the property. In the event of improper performance by the seller of the property of the contract of sale (violation of the conditions of quality, completeness, etc.), the tenant is vested with rights and obligations in the same way as if he were the buyer. However, he has the right to terminate the contract only with the consent of the lessor.

Unless otherwise provided by the leasing agreement, the lessor shall not be liable to the lessee for improper performance by the seller of the property of the sale and purchase agreement, except in cases where, under the terms of the leasing agreement, the seller was chosen by the lessor (clause 2, article 670 of the Civil Code of the Russian Federation). In the latter case, the lessor bears joint and several liability with the seller of the property for improper performance of the contract of sale. The lessor and the lessee enter into a financial lease agreement.

The Law on Leasing excluded the provision of the original version of 1998 regarding the criteria for classifying leasing into types (according to the term of the contract) and into types: financial, repayable, operational, revolving, etc., thereby stopping the long-term discussion of specialists about such a classification, however in practice, varieties of leasing that are of interest are used.

Financial leasing - the lessor undertakes to acquire ownership of the property specified by the lessee from the seller specified by him and transfer it to the lessee. The period must be commensurate with the depreciation period of the property or exceed it. The object of leasing becomes the property of the lessee after the expiration of this period or earlier if the lessee pays the full amount stipulated by the agreement.

Return leasing is a kind of financial leasing. It connects the relationship of only two subjects - the landlord and the tenant. The peculiarity is that the owner of the equipment sells it to a leasing company, and then he rents it himself.

Operational leasing - the lessor purchases property at his own risk and transfers it to the lessee for a certain period and on certain conditions. Upon the expiration of the term of the contract, the subject of leasing is returned to the lessor and can be transferred to them repeatedly under the leasing contract to other persons after the expiration of the depreciation period. The lessee cannot demand the transfer of ownership to him for the subject of leasing.

Revolving leasing - when the tenant technologically consistently requires different equipment.

Subleasing is a type of sub-lease of the subject of leasing.

The lessee, with the written consent of the lessor, may assign the rights to use the subject of leasing to a third party.

Responsibility for the safety of the object of leasing from all types of property damage, as well as for the risks associated with its destruction, loss, damage, theft, premature failure, an error made during its installation or operation, and other property risks from the moment of actual acceptance of the object of leasing the lessee, unless otherwise provided by the lease agreement.

Under a financial lease (leasing) agreement, the lessor undertakes to acquire ownership of the property specified by the lessee from the seller specified by him and provide the lessee with this property for a fee for temporary possession and use for business purposes. In this case, the lessor is not responsible for the choice of the subject of lease and the seller (Article 665 of the Civil Code of the Russian Federation). This type lease agreements are regulated not only by the Civil Code of the Russian Federation, but also by the Federal Law of October 29, 1998 N 164-FZ "On Financial Lease (Leasing)".

The leasing agreement is bilaterally binding, mutual, consensual, reimbursable, urgent.

Lessor (lessor) - an individual or legal entity that, at the expense of attracted or own Money acquires property in the course of the implementation of a leasing transaction and provides it as an object of leasing to the lessee for a certain fee, for a certain period and under certain conditions for temporary possession and use with or without transfer of ownership of the leased asset to the lessee.

Lessee (tenant) - an individual or legal entity who, in accordance with a leasing agreement, is obliged to accept the leased asset for a certain fee, for a certain period and under certain conditions for temporary possession and use.

The lessee owns and uses the object of leasing for business purposes.

Seller (supplier) - an individual or legal entity who, in accordance with a sales contract with a lessor, sells to him, within a specified period, the property produced (purchased) by him, which is the subject of leasing. The seller (supplier) is obliged to transfer the object of leasing to the lessor or lessee in accordance with the terms of the contract of sale. The seller may simultaneously act as a lessee within the same leasing relationship (Article 4 federal law"On financial lease (leasing)").

The law distinguishes the following forms of leasing: domestic and international. Under internal leasing, the lessor, the lessee and the seller are residents of the Russian Federation. Leasing is international in nature if one of the parties to the leasing agreement is a non-resident of the Russian Federation (Article 7 of the Federal Law "On Financial Lease (Leasing)").

The form of the leasing agreement, regardless of the term, is written. The name of the leasing agreement defines its form, type and type.

The subject of a leasing agreement is non-consumable movable and immovable things, including enterprises and other property complexes.

The subject of leasing cannot be land plots and other natural objects, as well as property that is prohibited by federal laws for free circulation or for which a special circulation procedure has been established, with the exception of military products, the leasing of which is carried out in accordance with international treaties of the Russian Federation, Federal Law dated July 19, 1998 N 114-FZ "On military-technical cooperation of the Russian Federation with foreign countries"in the manner prescribed by the President of the Russian Federation, and technological equipment foreign production, the leasing of which is carried out in the manner established by the President of the Russian Federation (Article 3 of the Federal Law "On Financial Lease (Leasing)").

Participants in a leasing transaction must accurately describe the subject of leasing, determine the place and procedure for its transfer.

The leasing agreement must contain the following essential provisions: on the powers of the owner transferred to the lessee; the list, volume and cost of additional services provided by the lessor; circumstances that the parties consider to be an indisputable and obvious violation of obligations and which lead to the termination of the leasing agreement and property settlement, as well as the procedure for the withdrawal (return) of the leased asset (Article 15 of the Federal Law "On Financial Lease (Leasing)").

In an imperative form, the legislation defines the following basic rights and obligations of leasing participants. The lessor is obliged:

1) purchase property from the seller specified by the lessee;

2) notify the seller that the acquired property is intended to be leased to a certain person;

3) provide property for temporary possession and use to the lessee.

In relation to the lessor, the lessee is obliged:

1) use the leased property only for business purposes in accordance with its purpose and the requirements of the lease agreement;

2) in the manner and terms established by the agreement, make lease payments.

Lease payments are understood as the total amount of payments under the leasing agreement for the entire term of the leasing agreement, which includes the reimbursement of the lessor's costs associated with the acquisition and transfer of the leased asset to the lessee, the reimbursement of costs associated with the provision of other services provided for in the leasing agreement, as well as the income of the lessor. IN total amount The lease agreement may include the redemption price of the leased asset if the lease agreement provides for the transfer of ownership of the leased asset to the lessee.

In accordance with Art. 666 of the Civil Code of the Russian Federation the subject of a leasing agreement are any non-consumable things, except for land and other natural objects. Non-consumable things are things that do not disappear in the process of their use, so any non-consumable property can be the subject of leasing. The contract must specify the individual features and characteristics of the property, allowing it to be distinguished from other items similar to it. They can be serial number, date of manufacture (release), identification number, location, etc. In the absence of these data in the contract, the condition on the subject of leasing is considered not agreed by the parties, and the contract is not considered concluded (clause 3 of article 15 of the Federal Law of October 29, 1998 N 164-FZ "On financial lease (leasing)"). The subject of a leasing agreement cannot be property rights, works and services, information, results of intellectual activity, intangible benefits.

Any acquired property is taken into account on the balance sheet of the organization. In practice, the subject of leasing is usually accounted for on the balance sheet of the lessor, but can be accounted for on the balance sheet of the lessee by mutual agreement of the parties to the agreement. When evaluating a leasing agreement, it should be taken into account that the financing of fixed assets through leasing will reduce the tax burden of the enterprise. In particular, payments under leasing agreements reduce the tax base for income tax. In addition, accelerated depreciation (with a factor of 3) allows the balance holder to reduce the base for calculating property tax and further reduce the base for calculating income tax. Planning VAT flows for leasing requires a careful approach in accordance with applicable normative documents and, sometimes, can provide additional benefits.

Subject of leasing(e.g. vehicles, equipment heightened danger) may be subject to registration in government bodies. In this case, the leasing agreement should indicate in whose name the item is registered: the lessor or the lessee. When registering, information about the owner (lessor) and the user of the property (lessee) must be indicated (Article 20 of the Federal Law of October 29, 1998 N 164-FZ "On financial lease (leasing)").

The subject of leasing can be insured against the risks of loss (destruction), shortage or damage from the moment the property is delivered by the seller until the expiration of the leasing agreement by the lessee or lessor in favor of one of the parties (clause 1.2 of article 21 of the Federal Law of October 29, 1998 N 164-FZ "On financial lease (leasing)").

Subject of leasing is transferred to the lessee together with all its accessories and with all documents (technical passport and others), unless otherwise provided by the contract. In practice, the obligation to carry out maintenance, overhaul and current repairs lies with the lessee. However, the parties may provide for the obligation of the lessor to carry out current repairs and maintenance or major repairs (clause 2.3 of article 17 of the Federal Law of October 29, 1998 N 164-FZ "On financial lease (leasing)").

In the leasing agreement, it is desirable for the parties to provide for a condition on the separable and inseparable improvements made by the lessee to the leased asset. The main difference between inseparable improvements and separable improvements is the impossibility of separating them from the leased asset without causing harm and the impossibility of using them separately from it. In practice, there are difficulties in assessing the separability/inseparability of improvements, which is subjective. When determining the type of improvements made, one can be guided, in particular, by the amount of costs for dismantling and bringing the leased property to its original condition, taking into account normal wear and tear. If the costs of dismantling are significant (exceeding or equal to the cost of improvements), then such improvements should be qualified as inseparable.

Separable improvements made by the lessee to the subject of leasing are almost always his property, although the leasing agreement may provide otherwise. And in the case of inseparable improvements of the leased asset made by the lessee, their owner is the lessor. However, the parties may provide for a provision that the lessee is entitled to reimbursement for the cost of such improvements made with the consent in writing of the lessor (clause 7.8 of article 17 of the Federal Law of October 29, 1998 N 164-FZ "On financial lease ( leasing)").

The lease agreement may provide for the transfer of ownership of subject of leasing to the lessee. This happens on the basis of a sales contract or an additional agreement to the contract between the lessor and the lessee. The redemption price at which the subject of leasing is purchased may be included in the total amount of the agreement or specified separately in the sale and purchase agreement or an additional agreement between the parties. In case of redemption of property by the lessee, the parties must specify this condition in detail in the leasing agreement.

Download financial lease agreements (leasing) in the FreshDoc app.

IN market economy uses a wide range of credit and financial instruments. One of these tools is financial leasing, thanks to which a business is able to get new opportunities for growth and modernization of its activities.​

Leasing is translated from English as "rent". Financial leasing, as a type of investment activity, is aimed at acquiring property (fixed assets) and transferring it under a leasing agreement to legal or individuals for use for a certain fee, for a specified period and on the terms of the contract, with the right to purchase the property by the lessee.

The period for which the lessee receives the property should not exceed the period of its full depreciation.


That's an example classical leasing relations, which explains the difference between leasing and renting, where only two entities are involved: the tenant and the landlord.

In addition to financial leasing, there is the concept of operational leasing. The term of such leasing is less than the depreciation period of the property. Upon its completion, the property is either returned to the owner, or transferred for temporary use. The most widespread is the operational leasing of passenger, freight and passenger vehicles.


International financial leasing agreement

IN modern world developing rapidly international legal relations. International financial leasing is a special leasing relationship, which involve the participation of actors from different countries.

It, in turn, is divided into: straight(the agreement is concluded between subjects of different states) and indirect(when the property is imported or the capital of the lessor is partially controlled by a foreign state).

Also, international leasing can be divided into import and export. With export, the foreign party is the lessor, with import - the lessee.

The international financial leasing agreement - the sample is located

The growth of international leasing and its spread is quite natural, and is associated with financial globalization, economic integration and high competition in the credit sector. This type of leasing attracts foreign investment in the country's economy, and also allows the use of modern equipment and technologies.

Financial leasing, as a financing tool, opens up many prospects for business growth and modernization. Its use allows Newest technologies, equipment and machinery, which guarantees competitive advantage in the activities of entrepreneurs.

Financial leasing: what it is and how fast leasing is developing in Russia, you can find out in the following video: