Research On Legal Problems Of Sale-leaseback In Financial Leasing

Sale-leaseback is a special kind of financing lease business model.At present,the corporate bond market of China has not yet been set up in a real sense,the circulation of the securities market is often blocked.And as a result of the credit quota is limited,there are also many restrictions to access the enterprise funds through the way of bank loans.However,the emergence of sale-leaseback provides a new way to financing for enterprises in the transition period,which is beneficial for enterprises to take inventory of existing assets,beautify financial statements and realize financing purposes.In addition,because the sale-leaseback business model is similar to the mortgage loan,the company can expand rapidly in the short term,and also get the favor of most leasing companies.However,sale-leaseback business is booming,it also appeared many problems,such as the estate belongs to the scope of object of sale-leaseback or not is high-disputed conception in the world of theory.The level of financial leasing companies are different,the credit risk of finance companies is larger,the phenomenon of conceal lending in the name of lease occurs frequently and the lessee often breach of contract.And the registration of lease ownership is not clear,one thing two melts,the lessee default the contract,the credit of commercial bank,as well as the influence of the related laws and regulations etc.These problems bring certain risks to financial leasing companies,financing companies and funds providing banks.This article starts from the concept of sale-leaseback,combined with the related cases of sale-leaseback in practice,discusses the common problems in the real business of sale-leaseback,and put forward the relevant suggestions at the legal level.First of all,I think the estate should be included in the scope of the object of the sale-leaseback;secondly,in response to customer service leaseback transactions,leasehold ownership and other rights are reviewed;furthermore,the lessee default,the lessor may choose a reasonable way of relief;in addition,the commercial bank should also improve the customer service leaseback measures to increase trust,reduce transaction risk;finally,China should improve the sale-leaseback of related laws and regulations,to give policy support,and the registration and publication system of customer service to improve the lease leaseback.