|
| SECTION DD - EQUIPMENT LEASING |
(a) To what extent is this type of business 'finance' technique
practised in this economy?
|
(i) Commercial Bank
(ii) Finance Company
(iii) Securities Company
(iv) Finance and Securities Company
(v) Credit Foncier
|
|
(b) If default is made what are the rights of the owner of
the property to recover the leased property?
|
If default is made, the owner of the property can repossess
the leased property.
|
|
(c) Does the exercise of these rights require court process?
|
Yes, it does.
|
|
(d) How effective in actual practice is the process of recovery
(list any relevant impediments, such as the right of access to
the place where the equipment is situated; the right to physically
take the equipment away from the place; and so forth)?
|
The effectiveness is limited by having to seize the property
during daylight hours, which can be difficult.
|
|
(e) What effect does the commencement of insolvency proceedings
in respect of the corporate debtor have on the recovery of leased
property?
|
The corporate debtor will lose management powers.
|
|
(f) Is it usual for an equipment lease to be supported by
guarantees (sureties) for payment of lease charges; default penalties;
and so forth?
|
It is usual for an equipment leased to be supported by
guarantees (sureties) for payment of lease charges; default penalties;
and so forth.
|
|