Study On Risk Control For The Lessor In Financial Leasing Transaction

Financing lease industry is originated in the United States in the middle of the twentieth century. In China, the first finance leasing company was founded in 1981 which is a sign of the start of financial leasing industry. This new type of lease mode opens up new channels to help enterprises to financing. Review the development of financial leasing industry in China, since 1981, there were ups and downs for the financial leasing industry. But till 2014, China’s financial leasing industry has shown a substantial increase in the trend, showing a good momentum of development. The rapid development of the financial leasing industry also leads to the sharp increasing number of disputes, which expose the problems of current legal regulations about China’s financial leasing industry. This paper intends to discuss legal regulations of financial leasing industry in our country in three chapters.Chapter One: “the analysis of the financing lease lessor”. In the basis of the specific mode of the Finance Leasing Company engaged in financing lease transactions, this paper discusses the meaning and characteristics of different types of financing lease, to further analyze five kinds of risk in the transaction process for financial leasing lessor. It is in order to control the risk of financial leasing, to maintain the legitimate rights and interests for the lessor, to improve the quality of financial leasing transactions, and to promote the development of the financial leasing industry.Chapter Two: “protection for lessor from current legislation”. First through careful analysis and comparison of international conventions, model laws and domestic laws, regulations, industry standards and other documents on the definition of financing lease, it summarizes that the biggest difference between leasing and financial leasing is that leasing is about two parties and a contract of simple transactions, while financial leasing is about three parties and two contracts of complex transactions. Financial leasing is a means of financing, and is very closely related to financial transactions. On the basis of detailed analysis of the characteristics of financial leasing industry, and the review and analysis of our country’s legislation on the financing lease industry, we can see the protection for the lessor from legislation of the financial leasing industry.Chapter Three: “the exploration of the public registration system for financial leasing”. The public registration system for financial leasing is very important in the financial leasing transaction process. But the laws and regulations about it is not enough. According to the characteristics of the financial leasing transaction, in the transaction process, the leased property possession and the owner of it are separated. Finance leasing lessors have the ownership of the leased property but can not declare their rights by using and possession. At the same time, the financing lease lessees although don’t have the ownership, but can use the leased property. This chapter analyzes the current status and problems of financial leasing registration system, and further analyzes the effectiveness of financial leasing registration system and its role in practice, to establish a unified, reasonable and convenient public registration system to maintain the development of financial leasing industry.