The Study On Some Legal Issues Of Leveraged Lease

According to the ratio of the leasee's investment, financing lease can be divided into straight investment lease and leveraged lease.. Leveraged lease, originated from the United states in 1960s, is one of the best and the most complicated leases. Leveraged lease is utilized by more and more parties related because it is better and safer than any other kinds of leases when the leasing company carries on leasing some capital-condensed equipments. In recent years, with the development of the reform of our station-owned enterprises, the fulfillment of China Western Development Strategy, the performance of the policy to rejuvenate North-eastern Industrial Base and the development of small and medium sized enterprises, the need of large-scale equipments is becoming larger and larger and the relation between the need and the support becomes tighter and tighter. Among all of the solutions to solve this problem, leveraged lease plays an unmatched role. So the study of leveraged lease has important practical meanings. This paper consists of four chapters: In Chapter One the author briefly introduced the history evolution of leveraged lease, the definition of leveraged lease, the rights and obligations relations of the parties , the contracts between the parties and two modes of leveraged lease. In Chapter Two the author analyzes the causes of the risks of leveraged lease and put forward to some solutions to control risks.Chapter Three: The necessities to develop the leveraged lease and the problemsin the development of it in our country. This chapter has two sections. The first section analyzes the necessities to develop the leveraged lease because of the advantages of leveraged lease and its functions to our country. Section Two :the problems in the development of leveraged lease in our country .In this part the author analyzes the difficult position of the financing lease industry, the status quo of the leveraged lease , its problems and the challenge brought by the accession into WTO. Chapter Four: the possibilities and the countermeasures to develop the leveraged lease in China. In this chapter the author analyzes the possibilities to develop the leveraged lease and put forward some countermeasures to develop it such as to set down favorable tax polices, widen the financing channels to solve problem of funds,to strengthen legislation work and set down systematic and standard law> to train enough professional personnel; Another measures should also be taken such as to organize the professional organization to strengthen the administration of leasing profession and to strengthen the propaganda of leveraged lease.