Leasing is a financing method that enables a vehicle or machine used for investment purposes to be made available to the lessee for the use of the lessee in return for the lease price determined by the leasing company during the contract period. Leasing investment vehicles can be construction machines, factories and industrial machines.
Financial leasing can provide savings for companies as well as increase productivity and profit. In financial leasing, the ownership remains with the leasing company and the right of use remains with the lessee during the contract period.
How to Make a Financial Leasing (Leasing) Contract?
The financial leasing agreement is made in writing. The contract must be drawn up at a notary public. If the property subject to leasing is movable, it must be registered in the special register at the notary public in the place where the tenant’s residence is located. If it is immovable property, it must be annotated in the declarations section of the land registry where the immovable property is located.
One of the parties must be a joint stock company when the contract is drawn up. Financial leasing agreements are issued for periods of at least 4 years.
What are the Obligations of the Parties in a Financial Leasing Contract?
The lessor must make the goods available to the lessee within 2 years at the latest after the contract is issued.
The lessee is obliged to pay the rental price of the goods to the lessor during the contract period. The premiums for the compulsory insurance of the goods are paid by the lessee. However, otherwise may be agreed in the contract.
Unless otherwise agreed, the lessee is responsible for all kinds of maintenance of the property during the contract period. The lessee must use the property diligently and in accordance with its purpose.
The lessee may not sublease the property subject to the contract to third parties and may not transfer the right of use. If the contract includes provisions regarding sublease or transfer, it is possible for the lessee to make savings in this regard. Likewise, the lessor cannot transfer the ownership of the property to third parties unless otherwise agreed by the contract.