Introduction

Leasing is an agreement in accordance with which the lessor undertakes to acquire ownership of the property specified by the tenant from a seller specified by him and provide the tenant with this property for a fee for temporary possession and use for business purposes.

The purpose of the assignment is to describe the leasing participants as independent leasing companies, namely: the characteristics of the bank, the characteristics of the insurance company, the characteristics of the brokerage company.

Bank as a participant in a leasing transaction

Leasing operations - operations based on the provision of non-current assets for rent on long term for their industrial use. To non-current assets include buildings, structures, equipment, vehicles, intellectual property rights.

In leasing, the role of banks is growing. Bank participation can be direct, if it directly leases machinery and equipment for temporary use, and indirect, for example, by providing loans to leasing companies. In this case, the bank acts as a loan provider.

In classical leasing operation three persons are involved: lessor, lessee, supplier (seller of property). Usually the lessor is commercial Bank, the lessee - enterprises of various forms of ownership, suppliers of property - its manufacturers, supply and marketing, trade and other organizations - owners of property.

The mechanism of the leasing transaction is as follows. The tenant submits an application to the bank for the purchase of equipment. The bank makes an opinion on the solvency of the tenant and the effectiveness of the leasing transaction. After that, the bank finds a supplier and buys equipment. A leasing agreement is drawn up between the bank and the tenant. During the implementation of the leasing agreement, the tenant pays the rent, which includes depreciation, interest on the loan, value added tax.

Advantages of banks when participating in leasing operations:

• 1. circle expansion banking operations and growth in the number of customers
• 2. reducing the risk of losses from the insolvency of the client,
• 3. depreciation deductions for property leased are not taxed and can serve as a source of funds for the purchase of new property,
• 4. value rent for the provision of property under leasing may be higher than interest rate on long-term loans issued for the same period.

There are two main methods of raising finance: obtaining a loan and buying property on lease.

To make a decision on the profitability of a loan and leasing for a company, entrepreneur or individual, it is necessary to evaluate the financial parameters of the loan and leasing offer, as well as the advantages and disadvantages of each financing option.

Having issued online application on our website you can get leasing offers from several dozen leasing companies and see their comparison by the main parameters:

• down payment (advance);
• lease term;
• overall size payments under leasing deal;
• general appreciation of property during the leasing period;
• average rise in price per year;
• payment schedule view

Registration on the site and receiving leasing offers free.

The difference between a lease and a loan

Despite the fact that when lending for temporary use, they can be transferred as cash ( monetary form credit), and property (commodity form of credit), in modern economic relations transmission dominates. Money and when using the term "credit, lending" they mean the provision of money by the bank to the borrower.

In the lending segment, there are also offers for accelerated decision-making (the so-called express loans). Expedited consideration of the application is possible by consumer loans and car loans. These types of loans are offered only to individual borrowers. Banks do not offer express lending programs for legal entities.

The subject of leasing can be taken into account on the balance sheet of the leasing company, in which case the obligation to calculate and pay property tax lies with the lessor. If the object of leasing is registered with the traffic police for a leasing company, it pays transport tax. Also, the leasing company can pay for the insurance of the leased asset. Additional costs incurred by the leasing company will be included in the calculation of leasing payments. Equal distribution of expenses for the leasing period will allow the client to reduce the burden of making periodic payments for taxes, insurance, etc.

However, it should be taken into account that in case of reimbursement of additional expenses in leasing payments, it will be necessary to pay VAT on these expenses. If the lessee is a VAT payer, additional VAT as part of payments is not a problem, because VAT will be charged. But for customers who are VAT non-payers, these tax amounts will increase the costs of a leasing transaction.

It is extremely problematic to finance the acquisition of used (BU) property with a loan. Banks finance only the purchase of used cars. Purchasing a used property under leasing is not a big deal. Of course, there are restrictions on the year of release of the subject of leasing, a number of leasing companies do not conclude deals with used property at all. However, obtaining leasing financing for such a transaction is quite possible.

Leasing companies are corporate clients who purchase equipment and machinery from suppliers for significant amounts. Suppliers often provide discounts to leasing companies. It is especially common to provide discounts for car leasing. In some cases, the size of the discount can be quite significant, which allows you to offer leasing programs with zero appreciation (the sum of the discounted car price and leasing interest is equal to the price of the car in the showroom, which makes it possible to speak of a zero appreciation of the car for the lessee).

With extensive experience, knowledge and business connections, the employees of the leasing company control and resolve various issues related to the acquisition of the subject of leasing and the implementation of the leasing transaction.

Such questions may include:

• verification of the reliability of the supplier and legal purity the subject of leasing;
• coordination with the supplier of the terms of delivery, installation, payment for equipment purchased on lease;
• organization of customs clearance of the purchased property (including with the involvement of reliable customs brokers);
• obtaining favorable rates for insurance and assistance in the event of insured event;
• other issues of interaction with contractors, tax authorities etc. regarding the execution of a leasing transaction.

Disadvantages of leasing

In addition to the advantages of leasing, there are certain disadvantages that must also be taken into account when choosing a financing method.

During the term of the lease agreement, the lessee, not being the owner of the leased property, can use it in strict accordance with the terms of the lease agreement. Any actions in relation to the leased property (change of the place of operation, sublease, etc.) must be agreed with the leasing company.

In case of violation of the conditions for the operation of the property (as well as other conditions of the leasing agreement), the leasing company has the right to withdraw the object of leasing.

Also, the lessee cannot provide the subject of leasing as collateral when obtaining a loan.

The lessor, being the owner of the leased property, may pledge it on its own loan agreements. At the same time, loans can be obtained both to finance a transaction with this lessee, and for other purposes (including financing transactions with other clients).

In case of a leasing company financial problems, creditors can withdraw apply to the court for the withdrawal of the leased property. Despite the fact that the property will be encumbered with a leasing agreement and the lessee will have a formal right to use the leased asset, such circumstances may complicate the operation of the leased property.

When concluding a leasing agreement, it is necessary to pay attention not only to the terms of leasing, but also to the stability and reliability of the leasing company.

Leasing payments, unlike loan payments, are subject to VAT in full. This circumstance is not a problem in the case when the lessee is a VAT payer and can present the paid tax to offset. However, if the customer is exempt from VAT (for example, uses simplified system taxation (STS), is an individual, etc.), VAT paid as part of leasing payments increases the costs of a leasing agreement.

There are leasing companies that are VAT non-payers and specialize in providing leasing to enterprises on the simplified tax system, leasing medical equipment, etc. But, unfortunately, the number of such companies in the total number of lessors is extremely small.

As can be seen from the above, leasing, as a method of financing investments, has its advantages and disadvantages, the importance and significance of which may be different for each transaction and a particular client.

"," Leasing - Start SME "," Leasing - Favorable conditions ".

Under these products, leasing companies can receive financing for the purchase of leased items for the purpose of their further transfer to financial leases to SMEs. As security, a pledge of leased items is provided with a 40% discount from the value under the supply agreement. At the same time, leased items must be insured by a reliable insurance company with a current reliability rating of at least:

• "B" in accordance with the reliability rating of insurance companies Expert RA;
• "ruA" on the national scale in accordance with the rating of insurance companies "Standard & Poors";
• "BBB(rus)" on the national scale in accordance with the rating financial stability insurance companies FitchRatings;

Participation in the acquisition of leasing items (funds of an SME entity (lessee) and / or a leasing company) - at least 30% (at least 20% in the case of the Leasing - Target leasing product) of the amount of the supply agreement (purchase and sale).

To participate in the acquisition of leasing items under the Leasing - Start SME product, funds received by an SME subject under federal programs / programs of constituent entities of the Russian Federation to support start-up entrepreneurs (if these programs provide for such an opportunity) can also be used.

The procedure for selecting leasing companies

1. The leasing company independently checks its compliance conditions for selecting partners that are leasing companies under the program of financial support for SMEs .
2. If the selection conditions are met, the leasing company fills in loan application according to the chosen leasing product and submits it to SME Bank JSC together with a set of necessary documents.
3. JSC "SME Bank" analyzes the leasing company for compliance with the conditions for selection for participation in the Program, evaluates its financial position and determines the size of the lending limit.
4. SME Bank JSC sends a notification to the leasing company about the possibility of participating in the Program and information about setting the limit.
5. After receiving consent from the leasing company with the provided conditions, SME Bank JSC concludes a loan and security agreements with the leasing company.

In order to consider participation in State Program SME financial support leasing companies must meet the eligibility criteria.

The final decision on the participation of the leasing company in the state program of financial support for SMEs is taken by SME Bank JSC based on the results integrated assessment financial position and reputation of the leasing organization, according to the internal documents of SME Bank JSC. This assessment is carried out if the leasing company meets the above requirements.

SME Bank JSC reserves the right to refuse a leasing organization to participate in the state SME Financial Support Program, or suspend the participation of a leasing organization in the Program if financial or non-financial factors are identified that, in the opinion of SME Bank JSC, may affect financial stability of the leasing company, or bear reputational risks for state corporation Development Bank and foreign economic activity(Vnesheconombank).

The support is targeted, in connection with this, SME Bank JSC will control the provision of property by leasing companies to SMEs using the leasing mechanism, both remotely (based on reports and documents provided by leasing companies) and on site by leasing companies and SMEs its financial and business activities.

The Rosleasing Association is implementing a new project to improve the conditions for financing leasing activities in order to develop uniform approaches to the assessment financial condition and risks of leasing companies, as well as supporting interaction with banks and credit institutions.

According to Elena Skrynnik, Chairman of the Russian Association of Leasing Companies, the effective raising of funds to finance leasing activities is key factor the success of the leasing company. The most common source of financing for leasing companies is Bank loan. However, obtaining a loan from a bank or other credit organizations is accompanied by many problems.

In order to identify the main difficulties associated with the organization of financing for leasing companies, the Rosleasing Association conducted a "pilot" study.

The survey results showed - the main problem The problem faced by leasing companies when applying to credit organizations and banks is the lack of a unified methodology for analyzing the financial condition and assessing the risks of a leasing company. In most cases, a leasing company is considered as an ordinary borrower, without taking into account the specifics of its activities.

There are a number of objective reasons that make it difficult to correctly interpret the values ​​of generally accepted coefficients. financial analysis.

• In various segments of the leasing market, growth is unstable and highly uneven. This makes it difficult to predict future cash flows leasing company based on the results of financial analysis.
• The peculiarity of the leasing business is a high share borrowed money in the structure of liabilities of leasing companies. This negatively affects the final indicators of financial stability and solvency. And in the end, on the decision to issue a loan.
• Low turnover of receivables and accounts payable associated with the timing of leasing transactions.

Another important factor is the company's lack of additional security in addition to the leased object and the rights to receive lease payments.

All this makes it difficult for leasing companies to finance their transactions with borrowed funds, which significantly affects the efficiency of leasing activities.

In this regard, Rosleasing is implementing a new Project to improve the conditions for financing leasing companies. The main goal is to develop unified approaches to assessing the financial condition and risks of leasing companies for banks and credit institutions. The project includes the following stages:

• Identification of key problems in attracting funding. In the near future, the Association plans to conduct a deeper study of the problems of financing leasing activities through a mass survey;
• Development of the Methodology for risk assessment and financial analysis of leasing activities, which will be recommended to banks and other credit institutions;
• Support for the interaction of leasing companies with banks and credit organizations. Providing advice on the analysis of the financial condition and preparation of the necessary documentation.

central bank Russian Federation(Bank of Russia)
Press Service

107016, Moscow, st. Neglinnaya, 12
www.cbr.ru

The license for banking operations from Kranbank JSC was revoked

By Order No. OD-2850 dated December 13, 2019, the Bank of Russia revoked the license for banking operations from Joint Stock Company Kranbank JSC Kranbank (reg. No. 2271, Ivanovo, hereinafter referred to as Kranbank). In terms of assets, the credit institution occupied 204th place in banking system Russian Federation 1 .

The Bank of Russia made such a decision in accordance with paragraphs. 6 and 6.1 of the first part of Art. 20 of the Federal Law "On Banks and Banking Activity" 2 , guided by the fact that Kranbank:

- committed violations of the regulations of the Bank of Russia in the field of combating the legalization (laundering) of proceeds from crime and the financing of terrorism. The credit organization submitted to the authorized body incorrect information on operations subject to mandatory control;- carried out operations that have signs of asset withdrawal;

- understated the amount of reserves necessary for the formation of reserves for possible losses. According to the Bank of Russia, adequate reflection in financial reporting risk taken by a credit institution leads to a significant (more than 45%) decrease in capital and, as a result, the emergence of grounds for the implementation of measures to prevent insolvency (bankruptcy), which creates a real threat to the interests of creditors and depositors;

- violated federal laws governing banking, as well as regulations Bank of Russia, in connection with which the regulator has repeatedly applied measures to it over the past 12 months, including imposing restrictions on attracting funds from individuals.

During the inspection check, the Bank of Russia revealed the impairment of a significant part of Kranbank's assets. An order was sent to the credit institution with requirements for an adequate assessment of the risks taken and for the reporting of its real financial position.

Kranbank made large payments, showing signs of the withdrawal of assets, under the concluded lease agreements. The terms of these transactions were of a non-market nature and obligated the credit institution to make preliminary payments several times higher than the value of the leased real estate. Information about the credit institution transactions that have signs of committing criminal acts, sent by the Bank of Russia to law enforcement agencies.

Interim administration of the Bank of Russia appointed to Kranbank 3 which will remain in effect until the appointment of a bankruptcy trustee 4 or liquidator 5 . The powers of the credit organization's executive bodies have been suspended in accordance with federal laws.

The State Corporation "Deposit Insurance Agency" (hereinafter - the Agency) attracted JSC "Zarubezhenergoproekt" together with Kranbank as an investor to participate in bankruptcy prevention measures of JSC CB "Solidarity". In connection with the revocation of the banking license from Kranbank, Zarubezhenergoproekt JSC will act as an investor under the Agency’s Participation Plan in the Bankruptcy Prevention Measures of JSC CB Solidarity independently.

Information for contributors : Kranbank is a member of the deposit insurance system, so deposit amounts will be returned to depositors 6 in the amount of 100% of the balance of funds, but not more than 1.4 million rubles in total per one depositor (including accrued interest on deposits).

Payment of deposits is made by the Agency. Detailed information on the procedure for payments can be obtained by depositors around the clock by phone hotline Agency (8 800 200-08-05), as well as on the website of the Agency on the Internet ( https://www.asv.org.ru/ ) in the "Deposit insurance/Insured events" section.

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1 According to the reporting data as of 01.12.2019.

2 The decision of the Bank of Russia was made in connection with the failure of the credit institution to comply with federal laws governing banking activities, as well as the regulations of the Bank of Russia, repeated violations within one year of the requirements of the regulations of the Bank of Russia, issued in accordance with federal law"On countering the legalization (laundering) of proceeds from crime and the financing of terrorism", taking into account the repeated application within one year of the measures provided for by the Federal Law "On central bank Russian Federation (Bank of Russia)”, taking into account the existence of a real threat to the interests of creditors and depositors.

3 In accordance with the order of the Bank of Russia dated December 13, 2019 No. OD-2851.

4 In accordance with Articles 127 and 189.68 of the Federal Law "On Insolvency (Bankruptcy)".

5 In accordance with Article 23.1 of the Federal Law "On Banks and Banking Activities".

6 Investors are individuals, including those carrying out entrepreneurial activity (individual entrepreneurs), as well as legal entities classified as small enterprises in accordance with the Federal Law "On the development of small and medium-sized businesses in the Russian Federation".