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Indian Financial System




                    Notes          4.  Direct Lease: In direct lease, the lessee and the owner of the equipment are two different
                                       entities. A direct lease can be of two types: Bipartite and Tripartite lease.
                                       (a)  Bipartite lease: There are only two parties in this lease transaction, namely
                                            (i)  Equipment supplier-cum-financier (lessor) and

                                            (ii)  Lessee: The lessor maintains  the assets  and if necessary, replace  it with  a
                                                 similar equipment in working condition.
                                       (b)  Tripartite lease: In such lease there are three different parties
                                            (i)  Equipment supplier
                                            (ii)  Lessor (financier) and

                                            (iii)  Lessee
                                       In such leases sometimes the  supplier ties up with financiers to  provide financing  to
                                       lessee, as he himself is not in position to do so.
                                   5.  Single investor lease: This is a bipartite lease in which the lessor is solely responsible for
                                       financing part. The funds arranged by the lessor (financier) have no recourse to the lessee.
                                   6.  Leveraged lease: This is a different kind of tripartite lease in which the lessor arranges
                                       funds from another party linking the lease rentals with the arrangement of funds. In such
                                       lease, the equipment is part financed by a third party (normally through debt) and a part
                                       of lease rental is directly transferred to such lender towards the payment of interest and
                                       installment of principal.
                                   7.  Domestic Lease: A lease transaction is  classified as domestic if  all the  parties to  such
                                       agreement are domiciled in the same country.

                                   8.  International Lease: If the parties to a lease agreement domiciled in different countries, it
                                       is known as international lease. This lease can be further classified as:
                                       (i)  Import lease: In an import lease, 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 assets and leases it to the lessee.
                                       (ii)  Cross border lease: When the lessor and lessee are domiciled in different countries,
                                            it is known as cross border lease. The domicile of asset supplier is immaterial.




                                     Notes  The term of the lease may be fixed, periodic or of indefinite duration. If it is for a
                                     specified period of time, the term ends automatically when the period expires, and no
                                     notice needs to be given, in the absence of legal requirements.
                                     The term's duration may be conditional, in which case it lasts until some specified event
                                     occurs, such as the death of a specified individual. A periodic tenancy is one which is
                                     renewed automatically, usually on a monthly or weekly basis. A tenancy at will lasts only
                                     as long as the parties wish it to, and be terminated without penalty by either party.
                                     It is common for a lease to be extended on a "holding over" basis, which normally converts
                                     the tenancy to a periodic tenancy on a month by month basis.

                                   11.2 Financial Aspect


                                   Lease financing enables the lessee to have finance for huge investments in land, building, plant
                                   and machinery etc., up to 100%, without requiring any immediate down payment.




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