Financial Leasing

Financial leasing is a medium and long-term investment loan used for the acquisition of investment goods like factories, office buildings, manufacturing machinery, construction machinery, land, sea and air vehicles. It is characterized by the fact that any risks and benefits of the goods subject to leasing belong to the lessee and the legal ownership of the property belongs to the leasing company during the lease term.

The investment property is selected by the lessee company and accordingly a preliminary agreement is made with the vendor including the price and delivery terms.

At the phase of providing finance to the project, the investor company applies to a financial leasing company. The investor submits to the financial leasing company the required information and documents for analysis.

The financial leasing company makes an offer to the investor by making the required financial analysis. If the financial leasing company deems it necessary, it may request guarantee from the investment company.

When the parties come to an agreement, the financial leasing contract is signed between the financial leasing company and the investment company. In case that the investments have incentive, an application is made to the Ministry of Economy after signing the financial lease agreement, and it is defined with a letter which of the goods and properties identified in the goods list in the attachment of the incentive document, are to be purchased by the financial leasing company within the scope of financial lease contract. The financial leasing company benefits from the incentives related to goods, with the capacity as the owner and reflects them to the lessee.

The financial leasing company pays the cost of the goods to the vendor company.

The goods subject to financial leasing are delivered to the lessee.

The lessee pays the rents identified in the financial leasing contract to the financial leasing company and uses the goods.

At the end of the leasing period, the goods are transferred to the lessee over a symbolic price that is identified in the contract. Although not very often encountered at practice, it may occur that the goods are returned to the lessor at the end of the contract.

These are financial leasing operations made by leasing companies resident abroad for companies located in Turkey. It is generally used in aircraft transactions. Click for circular.

1985 The Financial Leasing Law No. 3226 entered into force.

1991 Reduced VAT for passenger cars appliance has been terminated.

1991 The VAT rate for commercial vehicles were differentiated.

1994 FİDER-Turkish Leasing Association was founded.

1997 Hosting the World Leasing Congress

1998 FİDER "Code of Ethics" have been accepted and announced.

2003 All investment goods were offered 40% investment allowance without having an incentive certificate.2003 As of 01.07.2003, accounting of leasing transactions have been adjusted in large line with international standards. (Tax Procedure Law, BIS, Article 290)

2005 With the Banking Law with number5411,the financial leasing industry was taken into the regulatory and supervisory field of the BRSA.

2005 Hosting the World Leasing Congress.

2006 The investment allowance exception was generally terminated.

2006 The Regulation about Principles on Foundation and Operation of Financial Leasing, Factoring and Financing Companies have been published.

2007 Financial leasing companies have been considered as housing finance institutions.

2007 Addition was made to the Financial Leasing Law no. 3226 about lessees transfer and the leased asset being subject to sub-lease.

2007 1% VAT application for financial leasing transactions has been terminated as of 30.12.2007.

2008 Notification on provisions for bad debt have been started to be implemented.

2008 Uniform accounting plan has been started to be implemented.

2009 The application that ‘the road transport vehicles subject to the leasing within the scope of road transport regulations are accepted as self-owned vehicles’ has been terminated.

2009 Hosting of Cesee.

2010 Hosting the World Leasing Congress

2011 Search Conference, in order to identify the strategic priorities in relation to the Financial Leasing Sector

2011 For some goods subject to the financial leasing transactions, the VAT rate has been reduced to 1% on 27.12.2011.

2012 Hosting the First International Operational Leasing Conference

2012 The Financial Leasing, Factoring and Financing Companies Law was accepted at the Parliament on 21.11.2012

25.7.2013 The Association of Financial Leasing, Factoring and Financing Companies was founded.

31.7.2013 The First Interim Board Meeting of the Association of Financial Leasing, Factoring and Financing Companies.

22.10.2013 The First General Assembly of the Association of Financial Leasing, Factoring and Financing Companies.

100% Financing of Your Projects: With the help of financial lease, you can finance 100% of your project and thus will not touch your equity.

Flexible Rent Payment Plan: You can plan your cash flow with flexible rental payments in compliance with fund flows.

You Can Evaluate Your İncentives: You can make the financial leasing company benefit from the incentive, for your investment with incentive and accordingly you will be able to use your incentive.

If You Wish, You Can Purchase the Leased Asset: You can purchase the leased asset at a representative price at the end of the period.

Risk Management: Risk management with fixed rent against fluctuations in currency values and interest rates.

Who has the ownership rights of the leased property?

The leasing company has the ownership rights during the contract period. According to contract conditions, the leased asset may be transferred to the lessee at the end of the contract.

What can be rented?

Medical devices, computers and other information processing units
Plant and communication devices
Power plants
Land transportation vehicles
Air transport vehicles
Dry cargo ships, tankers and other vessels
Construction machinery, lifters, heavy equipment
Printing machines
All kinds of counters and production machines
Textile machines
Entire factories
Entire hospitals, hotels and office equipment
Real estate
Duplicate copies of computer programs

Who can make financial leasing?

In general, every natural and legal person authorized to conduct legal proceedings can be a lessee. Accordingly; any individual company, all kinds of partnerships, self-employed and farmers can be lessees..

Use of financial leasing

Institutional investors who wish to enlarge or modernize their existing facilities, to operate in new production areas, to expand their distribution network, to make energy- saving investments, to operate in new business branches and to increase their capacity. Self- employed and individual investors who want to create a balanced budget, to have new technologies and who plan to establish workplaces, office and clinics. Vendor companies who wish to go to a fast result as an alternative financing tool for the realization of a sales transaction and who want to increase their sales and structure their own cash flows.

What kind of guarantees are required in leasing transactions?

Personal or corporate guarantees
Security bonds / cheques
Mortgages
Establishment / machinery pledge
Assignment of receivables
Vehicle pledge
Cash blockage
Letter of guarantee

What is the procedure for financial leasing?

Companies who want to make financial leasing; primarily have to identify the asset they want to purchase, the vendor and the sales conditions and receive an offer from the financial leasing company further to the amount of the investment they will make.. Following the acceptance of the offer, the company which will lease will fills out an application form, prepare their financial and legal documents of the company and sends these documents to the financial leasing company together with the proforma invoices of the equipment that are planned to be invested in. Credit analysis is performed. After coming to an agreement with the lessee about the guarantee conditions and payment plan, the financial lease agreement is written and signed . The signed contract is registered at the Association.. The first rent and down payment is collected from the lessee. The purchase process begins. The final payment plan is prepared according to the definite instalment dates of the purchased asset and is notified to the lessee.

Can financial leasing transactions also be used for machinery and equipment to be purchased from abroad?

It can be done. Since for the financial leasing transactions, all products are purchased by the financial leasing company, every kind of import transactions, customs procedures and relevant paperwork is performed by the financial leasing company.

How is the payment plan determined?

The payment plan is determined freely by the lessee and the lessor within the framework of the lessee's request.

Can the rental periods be different from assignment periods?

Since there is no legal regulation about the contract period, there should be no difference between the rental periods and the contract period/ the date of assignment of the asset to the lessee. However, there is no obstacle in determining different dates.

Is market value paid for the assignment of the asset leased by financial leasing?

No, the transfer of debt- free products of which the assignment period is completed and that all rents are paid, is realized by payment of the representative assignment price that was agreed on the date of lease.