Module-4: NBFCS, Micro Finance, Leasing and Hire Purchase
Module-4: NBFCS, Micro Finance, Leasing and Hire Purchase
NBFCs,Micro Finance,
Leasing and Hire Purchase
Non-Banking Financial Company (NBFC)
Lease is a contract between the owner of an asset (the lessor) and its user
(the lessee) for the right to use the asset during a specified period in return
for a mutually agreed periodic payment (the lease rentals). The important
feature of a lease contract is separation of the ownership of the asset from its
usage.
Essential Elements of Lease
Parties to the contract
Asset
Ownership separated from user
Term of lease
Lease Rentals
Selling equipment to Third party : The assets reverts to the lessor and
the lessor sells it to a third party.
Selling equipment to lessee : The lessor sells the asset to the lessee.
Steps in Leasing
1) The lessee chooses the equipment and the equipment supplier
2) The supplier provides a quotation to lessee
3) The lessee submits an application to the lessor
4) The lessor evaluates the application
5) The lessor and lessee sign a lease contract
6) The lessor orders the equipment from the supplier
7) The supplier delivers the equipment to the lessee and presents the bill to
lessor
8) The lessor registers and insures the equipment
9) The supplier provides after-sales services as per contract
10) The lessee maintains the equipment (routine maintenance)
11) The lessor monitors the lease operation
12) The lessee pays instalments as per contract
13) At the end of the lease period, the lessee either returns the equipment or
exercises the option of purchase
14) If the option is purchase, the lessee pays the agreed final sum and the
lessor transfers the ownership of the equipment to the lessee
Legal aspects of Leasing
The lessor has the duty to :
1.Financial lease
2.Operating lease
3.Leveraged Lease
Import lease- here the lessor and the lessee are domiciled in the same
country but the equipment supplier is located in a different country. The lessor
imports the asset and leases it to the lessee.
Cross-border lease- when the lessor and lessee are domiciled in different
countries, the lease is classified as cross-border lease. The domicile of the supplier is
immaterial.
The international lease transaction is affected by country risk and currency risk. The
country risk arises from the need to structure the lease transaction according to the
political and economic climate and a knowledge of the tax and regulatory
environment governing them in the foreign country concerned.
Difference Between Financial Lease and
Operating Lease
Meaning
Ownership risk
Transferability
Term of lease
Nature of contract
Maintenance cost
Running cost
Risk of obsolescence
Cancellation
Purchasing option
Tax advantage
Leveraged Lease
Under leveraged leasing arrangement, a third party is
involved beside lessor and lessee.
The lender is paid off from the lease rentals directly by the
lessee and the surplus after meeting the claims of the lender
goes to the lessor.
• However, under this arrangement, the assets are not physically exchanged
but it all happens in records only.
• Sale and lease back transaction is suitable for those assets, which are not
subjected depreciation but appreciation, say land.
• The advantage of this method is that the lessee can satisfy himself
completely regarding the quality of the asset and after possession of the asset
convert the sale into a lease arrangement.
Direct Lease
• Under direct leasing, a firm acquires the right to use an asset
from the manufacturer directly.
• The ownership of the asset leased out remains with the
manufacturer itself.
• The major types of direct lessor include manufacturers, finance
companies, independent lease companies, special purpose
leasing companies etc
• Bipartite Lease: In such lease, there are two parties in the lease
transaction namely equipment supplier cum lessor and lessee
• Tripartite Lease: In such lease, there are three parties in the
lease agreement namely equipment supplier, lessor and lessee
NET LEASE
In commercial real estate, a net lease requires the tenant to pay, in addition to
rent, some or all of the property expenses which normally would be paid by
the property owner (known as the "landlord" or "lessor").
These include expenses such as real estate taxes, insurance, maintenance, repairs,
utilities and other items.
The precise items that are to be paid by the tenant are usually specified in a
written lease.
For properties that are leased by more than one tenant, such as a shopping centre,
the expenses that are "passed through" to the tenants are usually prorated among
the tenants based on the size (square footage) of the area occupied by each tenant.
The term "net Lease" is distinguished from the term "gross lease".
In a net lease, the property owner receives the rent "net" after the expenses that
are to be passed through to tenants are paid.
In a gross lease, the tenant pays a gross amount of rent, which the landlord can
use to pay expenses or in any other way as the landlord sees fit.
Types of Net Lease
Single net lease
In a single net lease (sometimes shortened to Net or N), the lessee or tenant is
responsible for paying property taxes as well as the base rent.
Double- and triple-net leases are more common forms of net leases because all or the
majority of the expenses are passed on to the tenant.
•The lessee pays for fuel, airport fees, crew meals and transportation, crew
visa fees and other taxes.
By the Hour
•The lessor charges the lessee by the hour and usually requires a minimum
number of hours.
•These hours are paid for even if they are not used.
Short Term
•A wet lease agreement is for short-term leasing.
•Most wet lease agreements are for at least one month, and some extend
up to two years.
•A longer term of leasing is called a dry lease.
• The depreciation can be claimed by the lessor and not the lessee.
• The lease rentals received by lessor are taxable as profit & gain
from business
Lessee:
Ownership
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Operation of HP transaction
Goods are let out on finance by a finance company to the
hire purchaser customer
Buyer is required to pay an equal amount of periodic
installments during a given period
Ownership transfers at the payment of the last
installment
The hirer is required to make a down payment of 20-
25% of the cost and pay the balance amount along with
interest in advance or arrears over a time period of 36-
48months
Alternatively, instead of the down payment, the hirer as to
deposit an equal amount as a fixed deposit with the
finance company which provides entire finance on hire
purchase terms, repayable with interest in EMI over 36-48
months.
Cont……
Deposits and the accumulated interest is returned
to the hirer upon the payment of last installment.
The interest on each hire purchase installment is
computed on the basis of flat rate of interest is
applied to the declining balance of original loan
amount to determine the interest component of
installment for a given flat rate of interest, the
equivalent effective rate of interest is higher.
Process of Hire Purchase
The Dealer, contracts with finance co. for financing his hire
purchase deals.
The customer selects the goods for HP, and dealer arranges
for the complete set of documents.
Down payment by customer on completion of proposal
form.
Dealer sends documents to finance co. with request to
purchase the goods, and accept the HP transaction.
The finance co. signs the agreement and sends copy
along with EMI details to dealer.
Dealer delivers the goods to the customer, property passes
on to the finance co..
Hirer pays EMIs, and on last payment , the ownership
passes on to him, with loan completion certificate by the
finance co.
Spread the cost of finance
Interest-free credit
Sales
Debt solutions
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Personal debt
Final payment
Bad credit
Creditor harassment
Repossession rights
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LEASING HIRE PURCHASE
Ownership
In lease, ownership lies In hire purchase, the hirer
with the lesser. The has the option to purchase.
lessee has the right to The hirer becomes the
use the equipment and owner of the
does not have an asset/equipment
option to purchase the immediately after the last
asset payment of installment
amount
Purchase Method of Financing
Hire Purchase is a method
Leasing is a method of
of financing both business
financing business assets
assets and consumer
only.
articles. 60
LEASING HIRE PURCHASE
Depreciation
In Leasing, depreciation In Hire Purchase
and investment allowance depreciation and investment
can be claimed by the allowance can
Lessor. be claimed by the Hirer.
Tax Benefits
The entire lease rental is tax Only the interest
deductible expense. components of the Hire
Purchase installment are
tax deductible.
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LEASING HIRE PURCHASE
Salvage Value
The lessee, not being the The hirer, in purchase being
owner of the assets and the owner of assets and
does not enjoy the enjoy the salvage value of
salvage value of the the assets.
assets.
Deposit
In Leasing the Lessee is not In Hire Purchase, the Hirer
required to make any is required to deposit 20%
deposit. of the cost.
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LEASING HIRE PURCHASE
Rent -Purchase
In Leasing, the Lessee In Hire Purchase the asset is
take the asset on a rent purchased by the Hirer.
basis.
Maintenance
In Leasing, the maintenance In Hire Purchase, the
of leased asset is the cost of maintenance of
responsibility of the Lessee hired assets is to be
in case of financial lease and borne by the Hirer
the lessor in case of operating himself
lease.
Reporting
The leased assets are shown The assets on hire purchase
by way of footnote only. is shown in the balance
sheet of the Hire.
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LEASING HIRE PURCHASE
Income
.
Income declines as the Equally allocated income in
investment outstanding in the periodical installments. So
the lease declines same income will be received
by vendor
Suitability
It is not suitable for low It is suitable for low
capital enterprises where capital enterprises where
they desire to show strong they desire to show strong
asset position in their asset position in their
balance sheet balance sheet
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Questions from P.Y. Question Papers
Sl.No Questions Marks Year
3
Compare and contrast lease financing and hire purchase 7
2019/20,2018/19,2
017/18,2017,2016,2
financing. 014/15,2012