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.
Licensing and Supervision of Leasing Activity (Part 4) by Steven Gilyeart, Editor, The International Leasing Resource 11 February 1999. Please Note: This article is the fourth in a series.
Licensed and/or Regulated Non-bank Financial Institutions Non-bank financial institutions (NBFIs) are by definition entities that provide financial services without being a bank but that are still licensed and/or regulated by the authority for banking supervision, usually the central bank. Typical NBFIs include bank-operated subsidiaries, finance companies, merchant banks, insurance companies, pension funds, factoring companies, pawn shops--and lease companies. The definition of NBFI varies from country to country and may include most or only a few of the entities from the foregoing list (from the prior article). NBFIs are regulated by the banking supervision authority because they are considered to be providing financial services. However, by being separately classified from banks, a different regulatory structure can be more easily imposed and managed. This structure almost always involves lighter supervision and looser controls than are imposed on the banks. Consequently, regulation of leasing companies under the NBFI umbrella is the typically preferred approach to leasing activity supervision.
Regular Companies and Other Standard Business Entities If the banking laws are not written in such a way to preclude leasing activity by regular companies and other standard business entities, their leasing activities can be commenced and maintained outside the financial system's supervisory structure. Indeed, this is typically how leasing got started in the markets that are now considered mature leasing markets. The lack of a regulatory burden can allow for maximum creatively and flexibility in the development of not only the individual lessor's business but also the development, growth and innovation of leasing as an industry. The risk, of course, is that a spectacular failure of a well-known lessor can generate terrifically bad publicity for a new industry striving for its initial public recognition and acceptance. The pall that such a failure can cast over the industry could cripple it in its infancy. In most emerging markets, who almost by definition, are struggling with an inadequate capital base and capital markets infrastructure, this risk is just too great and leasing too valuable a macro-economic development tool to allow leasing activity to be pursued by completely unsupervised entities. However, if leasing in an emerging market has already spontaneously started on its own without and regulatory supevision, it may be best to let it proceed unregulated. If problems later develop, supervision can then be imposed. It should be noted that this "spontaneous start" by regular companies and other standard businss entities will only be possible in countries that do not preclude leasing activities by by their definition of financial activity reserved for banks.
Divisions Or Subsidiaries Of Manufacturers And Suppliers Who Provide Leasing Of Their Own Products Divisions of manufacturers and suppliers who provide leasing of their own products rarely have their leasing activities supervised. Their financing activities are indeed the providing of financial services, but they are considered to be more in aid of the sales of their products than a financial business enterprise. In fact, the most common name for this type of activity is "sales-aid leasing," a descriptively accurate term. However, if the manufacturer or supplier sets up a separate finance subsidiary, even for the purpose of financing its own products, it may meet the local NBFI definition and have to submit to the authority of banking supervision. This is not unreasonable, as the new entity has a specific focus on financial activity as a business. Moreover, most manufacturer's and suppliers who go to the trouble of setting up their own finance captives ultimately plan on providing financing for products beyond their own, taking them even further into the broad, general financial services sector.
To be continued Next: How Leasing Gets Regulated
Updated 11 February 1999