What is the difference between financial leasing and financial leasing?
Society often hear people speak, "finance lease", "financial lease" what are the links and differences between the two? If from a business point of view, there is no difference between financial leasing and financial leasing. But from the industrial division and supervision, corporate financial leasing and financial leasing there is a huge difference.
First, the industry is divided into different
In accordance with the industry division, financial leasing companies belonging to the financial industry (J gate 7120 categories) other financial activities in the financial leasing. Finance leasing companies have not yet seen a clear industry attribution, only in the leasing and business services (L) in the 7310 major categories in the leasing industry to see the leasing industry.
Two, industry difference
Financial leasing company is a non bank financial institution. Financial leasing company is a non financial institution enterprise. Although financial leasing companies always want to rely on the financial aspects, but the State Council "on the strengthening of the shadow banking regulatory issues related to notice" requirements "of financing lease and other non financial institutions should strictly define the scope of business....... Financial leasing companies to conduct business on the lease for the bank loans and the corresponding assets shall not be lent." To prevent the leasing companies engaged in shadow banking.
Financial leasing companies are not included in the shadow banking suspects. Financial leasing companies, although the source of funds from the industry's short-term capital market. Because it has been included in the credit scale management, is not the shadow banking, at best, Bank of financial services.
Three, the regulatory authorities are different
Financial leasing company by the CBRC pre approval and supervision, and the introduction of the "financial leasing company management approach". There are approval and regulatory matters. Financial leasing company for pre approval and supervision by the Ministry of Commerce, because the problem is currently not authorized by law, promulgated the "measures" management of financial leasing company, only issued "measures" inside the supervision and management of financial leasing companies not only supervision, examination and approval.
Four, deposit business
Financial leasing companies in addition to the banking system, you can absorb the shareholders deposits. After the normal operation can enter the interbank market. Foreign funded enterprises in financial leasing companies, can only borrow from the shareholders, can not absorb the shareholders' deposits. Can not enter the inter-bank lending market.
Five, legal authorization
The CBRC for approval and supervision of the financial leasing company is to "perform administrative duties in People's Republic of China banking supervision law", has yet to see people through legal documents allow the commerce department to authorize the pre-approval and supervision of the financial leasing company. "Foreign invested leasing management measures" refers to the "People's Republic of China company law", "law", "foreign-funded enterprises in People's Republic of China People's Republic of China Sino foreign joint ventures", "People's Republic of China Sino foreign cooperative enterprise law" are not authorized by MOFTEC past or present the Ministry of Commerce on the financial leasing supervision and approval of the law provisions.
Six, supervision and management of different ways
The financial leasing company supervision departments in accordance with the regulation of the lender. Leasing company to carry out business activities within the scope of credit scale approved by the regulatory authorities. When the assets of the leased asset is changed, it shall be reported to the daily. Regulatory authorities to lease the company's bank account has a reliable monitoring.
Financial leasing company supervision department in accordance with the financial services not allowed to operate the way to lease the company's business conduct supervision. Leasing company shall not engage in the absorption of deposits, loans, entrusted loans and other financial services. Without the approval of relevant departments, financial leasing companies shall not engage in lending and other business. Strictly prohibited financing lease enterprises to carry out illegal fund-raising activities in the name of financing lease." The regulatory authorities are not in a timely and accurate grasp of the actual situation of the leasing company's assets and capital flows. Leasing companies to carry out business activities within the credit limits approved by financial institutions.
Seven, the scope of the lease subject matter is different
The subject matter of the lease of the financial leasing company is limited to the "fixed assets"". In the actual supervision and guidance of the window, adjust the operating range of fixed assets. The object of the financial leasing company limited as carrier "in" leasehold ownership is clear, real and can have the right to return the flexibility of accounting standards and tax policies do not match, prone to potential risks of industry.
Eight, different risk management indicators
Financial leasing companies in accordance with the capital adequacy ratio of financial institutions to carry out risk control. In accordance with the "Basel agreement" capital adequacy ratio can not be less than 8%. Financial leasing company in accordance with the risk of assets shall not exceed 10 times the total amount of net assets." Risk management of the requirements. In actual operation, the index is considered by the investor in accordance with the market risk, and is not related to the government regulation.
Nine, the degree of opening to the outside world is different
Financial leasing company currently no foreign investment enterprises or financial institutions. Finance leasing companies from the day of the introduction of foreign capital to set up a non - financial institutions of joint venture or wholly - owned financial leasing company.