Юридические документы о лизинге.
Проект документов о лизинге учрежден 01-10-1999 ; редакция от 01-11-2001.
Международная лизинговая энциклопедия.
The International Leasing Encyclopedia by Steven Gilyeart.
Энциклопедии не было в интернет последние полтора года, но это не означает, что ее нет вообще. я взял на себя смелость разместить на этом сайте всю подборку статей (собственно энциклопедию), с указанием адресов электронных почт авторов материалов и редактора. Материал на английском языке.
Belgium's Royal Decree No. 55 of 10 November 1967 Defining the Legal Status of Enterprises Engaged in Financial Leasing Please Note: This is an unofficial translation.
Article 1. Financial rent or leasing is characterized as follows: The equipment is used by the lessee exclusively for professional purposes; The property shall be purchased by the lessor specifically for renting in accordance with specifications of the future lessee; The term of a lease according to the contract shall correspond with estimated useful life of the equipment; The rentals shall be set up so that the leased equipment would have been depreciated by the end of the lease term; The contract shall provide for the right of the lessee to acquire equipment at the end of the lease term for the price specified in the contract, which shall correspond with the estimated residual value of the equipment.
Article 2. People who have obtained the appropriate permission from the Ministry of Economy are entitled to write financial rent or leasing (the definition is provided in Article 1) transactions. The resolution of the Ministry specifies the content of such permission.
Article 3. People who transact their professional operations listed in Article 1 without the permission of the ministry of economy or under terms which contradict the conditions of the permission, are incarcerated for a period of 8 days - 6 months and/or are subject to a fine of 200 - 50 000 Belgium Franks. Legal entities have joint and several civil liability for fines and expenses incurred as the result of a decision made against physical persons which function as administrators, acting managers in charge of the liquidation process or managers of the aforementioned legal entities. Furthermore, the judge can make a final or temporary decision which prohibits the conclusion of financial rent transactions and order a close down or temporarily suspend the activity of the organization that violated the law.
Article 4. People who have already been writing financial rent transactions at the moment of enactment of this resolution shall obtain a permission within six months after the date of its enactment and adjust their activity to bring it in line with the conditions provided by the law. Otherwise, they shall terminate their operations at the expiration of this term under the fear of the punitive sanctions listed in Article 3.
Updated 2 December 1998
Belgium's Royal Decree No. 55 of 10 November 1967
Defining the Legal Status of Enterprises Engaged in Financial Leasing
Please Note: This is an unofficial translation.
Article 1.
Financial rent or leasing is characterized as follows:
- The equipment is used by the lessee exclusively for professional purposes;
The property shall be purchased by the lessor specifically for renting in accordance with specifications of the future lessee;
The term of a lease according to the contract shall correspond with estimated useful life of the equipment;
The rentals shall be set up so that the leased equipment would have been depreciated by the end of the lease term;
The contract shall provide for the right of the lessee to acquire equipment at the end of the lease term for the price specified in the contract, which shall correspond with the estimated residual value of the equipment.
Article 2.
People who have obtained the appropriate permission from the Ministry of Economy are entitled to write financial rent or leasing (the definition is provided in Article 1) transactions. The resolution of the Ministry specifies the content of such permission.
Article 3.
People who transact their professional operations listed in Article 1 without the permission of the ministry of economy or under terms which contradict the conditions of the permission, are incarcerated for a period of 8 days - 6 months and/or are subject to a fine of 200 - 50 000 Belgium Franks.
Legal entities have joint and several civil liability for fines and expenses incurred as the result of a decision made against physical persons which function as administrators, acting managers in charge of the liquidation process or managers of the aforementioned legal entities.
Furthermore, the judge can make a final or temporary decision which prohibits the conclusion of financial rent transactions and order a close down or temporarily suspend the activity of the organization that violated the law.
Article 4.
People who have already been writing financial rent transactions at the moment of enactment of this resolution shall obtain a permission within six months after the date of its enactment and adjust their activity to bring it in line with the conditions provided by the law. Otherwise, they shall terminate their operations at the expiration of this term under the fear of the punitive sanctions listed in Article 3.
Updated 2 December 1998
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