融资租赁中英文对照外文翻译文献
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中小企业融资英文文献Title: Financing Options for Small and Medium-sized EnterprisesIntroduction:Small and medium-sized enterprises (SMEs) play a crucial role in driving economic growth, job creation, and innovation. However, one of the major challenges faced by SMEs is accessing adequate financing. This article aims to explore various financing options available for SMEs, highlighting their advantages and disadvantages.1. Traditional Bank Loans:Traditional bank loans have long been the primary source of financing for SMEs. They offer a fixed amount of capital, typically with a defined repayment period and interest rate. Bank loans provide stability and reliability, making them suitable for long-term investments and capital expenditures. However, the loan application process can be time-consuming and require a strong credit history, which may be challenging for some SMEs.2. Equity Financing:Equity financing involves raising capital by selling shares or ownership stakes in the company to investors. This type of financing is especially beneficial for high-growth potential SMEs. Equity investors provide not only financial resources but also expertise and industry connections. However, SMEs need to dilute their ownership and share profits with investors, which may limit their control over business decisions.3. Venture Capital (VC):Venture capital firms invest in SMEs with high growth potential in exchange for equity. VC funding is especially attractive for innovative startups and technology-driven enterprises. Apart from financial support, venture capitalists often provide valuable guidance and mentorship. However, securing VC funding can be highly competitive, and SMEs often have to demonstrate a unique and scalable business model to attract investors.4. Crowdfunding:Crowdfunding platforms allow SMEs to raise funds from a large number of individuals through online campaigns. It provides an opportunity for SMEs to engage with their target audience and build a loyal customer base. In return for their contributions, supporters may receive rewards or early access to the company's products or services. However, the success of a crowdfunding campaign depends on the SME's ability to effectively market their project and generate interest.5. Government Grants and Subsidies:Many governments offer grants and subsidies to support SMEs. These funds are typically targeted towards specific sectors or industries and aim to encourage innovation and economic growth. Government programs vary across countries, and SMEs must meet certain eligibility criteria. While government funding can provide a significant financial boost, the application process can be complex, and the availability of funds may be limited.6. Supplier Financing:Supplier financing involves negotiating extended payment terms with suppliers, allowing SMEs to free up working capital and manage cash flow. This form of financing is particularly useful for businesses with low credit ratings or limited access to traditional loans. However, SMEs need to establish strong relationships with their suppliers to negotiate favorable terms.Conclusion:In conclusion, small and medium-sized enterprises have various financing options available to them. It is crucial for SMEs to assess their specific needs and goals when considering different financing sources. Combining multiple financing options may also be a viable strategy for addressing diverse funding requirements. By exploring these options, SMEs can overcome financing challenges and continue to contribute to economic growth and development.。
中小型企业融资决策-外文翻译外文资料翻译译文中小型企业融资决策融资租赁(金融租赁)也被称为设备租赁(设备租赁),或现代租赁(现代租赁),基本上是全部或大部分的资产所有权转移风险和报酬的租赁。
终极所有权的资产转移,也可能不转移。
它指的具体内容承租人出租人在租赁对象和特定需求的供应商选择、供应商融资购买租赁财产,和使用出租给承租人,承租人对出租人分期支付租金,在租赁期内租赁对象的所有权属于出租人所有,承租人有权使用租赁项目。
任期届满,承租人支付租金在完成融资租赁合同履行义务,租赁对象所有权归属的承租人。
尽管融资租赁交易,租赁公司购买设备的身份,但购买的实质性内容设备供应商的选择等设备的具体要求,由承租人购买合同谈判的条件享受和锻炼,承租人租赁对象本质上是买方。
,是一个融资租赁贷款和贸易和技术更新的扩展新的综合金融行业。
因为它扩展的贷款和组合特征,有一个问题在租赁公司可以回收、处理租赁,所以企业的融资信贷和担保的主要要求,非常适合中小企业融资。
此外,负债融资租赁,不反映在企业的财务报表责任,不影响企业的信用状况。
这种多渠道融资需求的中小企业而言是非常有利的。
传统性质的租赁和融资租赁的区别就是:传统租赁以承租人租赁使用物件的时间租金、融资成本和融资租赁租金的租户占用时间。
市场经济发展到一定阶段和适应一个强大的融资,在1950年代在美国有一个新的类型的交易,因为它适应了现代经济发展的要求,在60 到70年世界上快速发展,如今已成为一个企业更新设备融资的主要方式之一,被称为“朝阳产业。
“中国在1980年代早期在这个操作模式的介绍了10年的快速发展,与发达国家相比,租赁的优势远未结束,市场潜力是巨大的。
租赁的主要特征租赁的主要特征是:对象的所有权,租赁是出租人为了控制租户租金还款的风险采取的一种形式所有权,在合同结束时最终有可能转移给承租人,租赁租赁人选择购买产品,从租户负责维护出租人只提供金融服务。
租金计算原则是:出租人租赁对象购买价格的基础上,由承租人向出租人资金时间的基础上,根据双方同意租赁利率。
融资租赁合同英文2篇篇1RENTAL CONTRACT FOR FINANCIAL LEASINGContract No. [Insert Contract Number]Date of Contract: [Insert Date]Party A: [Insert Name of Lessor]Party B: [Insert Name of Lessee]In accordance with the principles of the Contract Law of the People's Republic of China and other relevant laws and regulations, Party A and Party B, through friendly consultation, agree to conclude this Rental Contract for Financial Leasing on the terms and conditions set out below:Article 1: Contract ObjectThe subject matter of this Contract is the leasing of financial assets, specifically [Insert Description of Leased Assets].Article 2: Lease TermThe term of this lease shall be from the date of this Contract for a period of [Insert Lease Term].Article 3: Lease Payment1. The lessee shall pay the lessor a total lease rent of [Insert Total Lease Amount] in accordance with the payment schedule attached to this Contract.2. Any late payment shall be subject to a penalty fee as stipulated in the Contract.Article 4: Rights and Obligations of the Parties1. Rights of Party A (Lessor):(a) To receive lease payments as stipulated in the Contract.(b) Other rights as agreed between the parties.2. Obligations of Party A (Lessor):(a) To deliver the leased assets in good condition.(b) To ensure that the leased assets are used solely for the purpose agreed in the Contract.3. Rights of Party B (Lessee):(a) To use the leased assets in accordance with the terms of this Contract.(b) Other rights as agreed between the parties.4. Obligations of Party B (Lessee):(a) To make timely lease payments as stipulated in the Contract.(b) To properly maintain and care for the leased assets.Article 5: Transfer of LeaseWithout the consent of both parties, neither party shall transfer its rights or obligations under this Contract to a third party.Article 6: Termination of ContractThis Contract may be terminated under any of the following circumstances:1. Either party commits a material breach of contract and fails to cure such breach within a reasonable period.2. Any other circumstance as agreed between the parties.篇2Financial Lease ContractParty Information:Lessor: [Lessor Name]Lessee: [Lessee Name]Article 1: Contract PurposeThis Contract outlines the terms and conditions under which Lessor agrees to lease certain assets to Lessee for a specified period of time.Article 2: Leased AssetsThe leased assets, their specifications, and the value are detailed in Annex I to this Contract.Article 3: Lease TermThe lease term shall be for a duration specified in this Contract, unless otherwise extended or terminated in accordance with its terms.Article 4: RentLessee shall pay rent to Lessor at a rate and frequency specified in this Contract. The rent shall be paid in full and on time.Article 5: Payment TermsAll payments shall be made in the currency specified in this Contract and shall be made on the due dates specified. Any late payments shall be subject to penalties as stipulated in this Contract.Article 6: Ownership and Risk TransferDuring the term of this Contract, ownership of the leased assets shall remain with Lessor. Risk of loss or damage to the leased assets shall pass to Lessee from the date of commencement of the lease term.Article 7: Use and Care of Leased AssetsLessee shall use the leased assets solely for the purpose intended and shall maintain them in good condition. Any damage or loss caused by negligence or misuse shall be borne by Lessee.Article 8: TerminationThis Contract may be terminated only in accordance with its terms or upon breach of any provision by either party. In such case, all rights and obligations shall be resolved in accordance with this Contract.Article 9: Default and RemediesIf Lessee fails to pay rent on time or breaches any other term of this Contract, Lessor may exercise any remedy available under applicable law, including but not limited to acceleration of rent, repossession of the leased assets, or seeking damages.Article 10: Law and JurisdictionThis Contract shall be governed by the laws of[Country/State]. Any dispute arising out of or in connection with this Contract shall be subject to the jurisdiction of the courts located in [Court Location].Article 11: MiscellaneaAny amendment or modification to this Contract must be made in writing and signed by both parties. This Contract constitutes the entire agreement between the parties and supersedes any prior oral or written agreements.IN WITNESS WHEREOF, the parties have executed this Contract in their respective presence on the date stated at the beginning of this document.Lessor: _____________________ (Signature)Date: _____________________ (Date)Lessee: _____________________ (Signature)。
UNIDROIT Convention on International Financial Leasing(Ottawa, 28 May 1988)THE STATES PARTIES TO THIS CONVENTION,RECOGNISING the importance of removing certain legal impediments to the international financial leasing of equipment, while maintaining a fair balance of interests between the different parties to the transaction,AWARE of the need to make international financial leasing more available,CONSCIOUS of the fact that the rules of law governing the traditional contract of hire need to be adapted to the distinctive triangular relationship created by the financial leasing transaction,RECOGNISING therefore the desirability of formulating certain uniform rules relating primarily to the civil and commercial law aspects of international financial leasing,HAVE AGREED as follows:CHAPTER I - SPHERE OF APPLICATION AND GENERAL PROVISIONSArticle 11. - This Convention governs a financial leasing transaction as described in paragraph 2 in which one party (the lessor),(a) on the specifications of another party (the lessee), enters into an agreement (the supply agreement) with a third party (the supplier) under which the lessor acquires plant, capital goods or other equipment (the equipment) on terms approved by the lessee so far as they concern its interests, and(b) enters into an agreement (the leasing agreement) with the lessee, granting to the lessee the right to use the equipment in return for the payment of rentals.2. - The financial leasing transaction referred to in the previous paragraph is a transaction which includes the following characteristics:(a) the lessee specifies the equipment and selects the supplier without relying primarily on the skill and judgment of the lessor;(b) the equipment is acquired by the lessor in connection with a leasing agreement which, to the knowledge of the supplier, either has been made or is to be made between the lessor and the lessee; and(c) the rentals payable under the leasing agreement are calculated so as to take into account in particular the amortisation of the whole or a substantial part of the cost of the equipment.3. - This Convention applies whether or not the lessee has or subsequently acquires the option to buy the equipment or to hold it on lease for a further period, and whether or not for a nominal price or rental.4. - This Convention applies to financial leasing transactions in relation to all equipment save that which is to be used primarily for the lessee's personal, family or household purposes.Article 2In the case of one or more sub-leasing transactions involving the same equipment, this Convention applies to each transaction which is a financial leasing transaction and is otherwise subject to this Convention as if the person from whom the first lessor (as defined in paragraph 1 of the previous article) acquired the equipment were the supplier and as if the agreement under which the equipment was so acquired were the supply agreement.Article 31. - This Convention applies when the lessor and the lessee have their places of business in different States and:(a) those States and the State in which the supplier has its place of business are Contracting States; or(b) both the supply agreement and the leasing agreement are governed by the law of a Contracting State.2. - A reference in this Convention to a party's place of business shall, if it has more than one place of business, mean the place of business which has the closest relationship to the relevant agreement and its performance, having regard to the circumstances known to or contemplated by the parties at any time before or at the conclusion of that agreement.Article 41. - The provisions of this Convention shall not cease to apply merely because the equipment has become a fixture to or incorporated in land.2. - Any question whether or not the equipment has become a fixture to or incorporated in land, and if so the effect on the rights inter se of the lessor and a person having real rights in the land, shall be determined by the law of the State where the land is situated.Article 51. - The application of this Convention may be excluded only if each of the parties to the supply agreement and each of the parties to the leasing agreement agree to exclude it.2. - Where the application of this Convention has not been excluded in accordance with the previous paragraph, the parties may, in their relations with each other, derogate from or vary the effect of any of its provisions except as stated in Articles 8(3) and 13(3)(b) and (4).Article 61. - In the interpretation of this Convention, regard is to be had to its object and purpose as set forth in the preamble, to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade.2. - Questions concerning matters governed by this Convention which are not expressly settled in it are to be settled in conformity with the general principles on which it is based or, in the absence of such principles, in conformity with the law applicable by virtue of the rules of private international law.CHAPTER II - RIGHTS AND DUTIES OF THE PARTIESArticle 71. - (a) The lessor's real rights in the equipment shall be valid against the lessee's trustee in bankruptcy and creditors, including creditors who have obtained an attachment or execution.(b) For the purposes of this paragraph "trustee in bankruptcy" includes a liquidator, administrator or other person appointed to administer the lessee's estate for the benefit of the general body of creditors.2. - Where by the applicable law the lessor's real rights in the equipment are valid against a person referred to in the previous paragraph only on compliance with rules as to public notice, those rights shall be valid against that person only if there has been compliance with such rules.3. - For the purposes of the previous paragraph the applicable law is the law of the State which, at the time when a person referred to in paragraph 1 becomes entitled to invoke the rules referred to in the previous paragraph, is :(a) in the case of a registered ship, the State in which it is registered in the name of the owner (for the purposes of this sub-paragraph a bareboat charterer is deemed not to be the owner);(b) in the case of an aircraft which is registered pursuant to the Convention on International Civil Aviation done at Chicago on 7 December 1944, the State in which it is so registered;(c) in the case of other equipment of a kind normally moved from one State to another, including an aircraft engine, the State in which the lessee has its principal place of business;(d) in the case of all other equipment, the State in which the equipment is situated.4. - Paragraph 2 shall not affect the provisions of any other treaty under which the lessor's real rights in the equipment are required to be recognised.5. - This article shall not affect the priority of any creditor having:(a) a consensual or non-consensual lien or security interest in the equipment arising otherwise than by virtue of an attachment or execution, or(b) any right of arrest, detention or disposition conferred specifically in relation to ships or aircraft under the law applicable by virtue of the rules of private international law.Article 81. - (a) Except as otherwise provided by this Convention or stated in the leasing agreement, the lessor shall not incur any liability to the lessee in respect of the equipment save to the extent that the lessee has suffered loss as the result of its reliance on the lessor's skill and judgment and of the lessor's intervention in the selection of the supplier or the specifications of the equipment.(b) The lessor shall not, in its capacity of lessor, be liable to third parties for death, personal injury or damage to property caused by the equipment.(c) The above provisions of this paragraph shall not govern any liability of the lessor in any other capacity, for example as owner.2. - The lessor warrants that the lessee's quiet possession will not be disturbed bya person who has a superior title or right, or who claims a superior title or right and acts under the authority of a court, where such title, right or claim is not derived from an act or omission of the lessee.3. - The parties may not derogate from or vary the effect of the provisions of the previous paragraph in so far as the superior title, right or claim is derived from an intentional or grossly negligent act or omission of the lessor.4. - The provisions of paragraphs 2 and 3 shall not affect any broader warranty of quiet possession by the lessor which is mandatory under the law applicable by virtue of the rules of private international law.Article 91. - The lessee shall take proper care of the equipment, use it in a reasonable manner and keep it in the condition in which it was delivered, subject to fair wear and tear and to any modification of the equipment agreed by the parties.2. - When the leasing agreement comes to an end the lessee, unless exercising a right to buy the equipment or to hold the equipment on lease for a further period, shall return the equipment to the lessor in the condition specified in the previous paragraph.Article 101. - The duties of the supplier under the supply agreement shall also be owed to the lessee as if it were a party to that agreement and as if the equipment were to be supplied directly to the lessee. However, the supplier shall not be liable to both the lessor and the lessee in respect of the same damage.2. - Nothing in this article shall entitle the lessee to terminate or rescind the supply agreement without the consent of the lessor.Article 11The lessee's rights derived from the supply agreement under this Convention shall not be affected by a variation of any term of the supply agreement previously approved by the lessee unless it consented to that variation.Article 121. - Where the equipment is not delivered or is delivered late or fails to conform to the supply agreement:(a) the lessee has the right as against the lessor to reject the equipment or to terminate the leasing agreement; and(b) the lessor has the right to remedy its failure to tender equipment in conformity with the supply agreement,as if the lessee had agreed to buy the equipment from the lessor under the same terms as those of the supply agreement.2. - A right conferred by the previous paragraph shall be exercisable in the same manner and shall be lost in the same circumstances as if the lessee had agreed to buy the equipment from the lessor under the same terms as those of the supply agreement.3. - The lessee shall be entitled to withhold rentals payable under the leasing agreement until the lessor has remedied its failure to tender equipment inconformity with the supply agreement or the lessee has lost the right to reject the equipment.4. - Where the lessee has exercised a right to terminate the leasing agreement, the lessee shall be entitled to recover any rentals and other sums paid in advance, less a reasonable sum for any benefit the lessee has derived from the equipment.5. - The lessee shall have no other claim against the lessor for non-delivery, delay in delivery or delivery of non-conforming equipment except to the extent to which this results from the act or omission of the lessor.6. - Nothing in this article shall affect the lessee's rights against the supplier under Article 10.Article 131. - In the event of default by the lessee, the lessor may recover accrued unpaid rentals, together with interest and damages.2. - Where the lessee's default is substantial, then subject to paragraph 5 the lessor may also require accelerated payment of the value of the future rentals, where the leasing agreement so provides, or may terminate the leasing agreement and after such termination:(a) recover possession of the equipment; and(b) recover such damages as will place the lessor in the position in which it would have been had the lessee performed the leasing agreement in accordance with its terms.3. - (a) The leasing agreement may provide for the manner in which the damages recoverable under paragraph 2 (b) are to be computed.(b) Such provision shall be enforceable between the parties unless it would result in damages substantially in excess of those provided for under paragraph 2 (b). The parties may not derogate from or vary the effect of the provisions of the present sub-paragraph.4. - Where the lessor has terminated the leasing agreement, it shall not be entitled to enforce a term of that agreement providing for acceleration of payment of future rentals, but the value of such rentals may be taken into account in computing damages under paragraphs 2(b) and 3. The parties may not derogate from or vary the effect of the provisions of the present paragraph.5. - The lessor shall not be entitled to exercise its right of acceleration or its right of termination under paragraph 2 unless it has by notice given the lessee areasonable opportunity of remedying the default so far as the same may be remedied.6. - The lessor shall not be entitled to recover damages to the extent that it has failed to take all reasonable steps to mitigate its loss.Article 141. - The lessor may transfer or otherwise deal with all or any of its rights in the equipment or under the leasing agreement. Such a transfer shall not relieve the lessor of any of its duties under the leasing agreement or alter either the nature of the leasing agreement or its legal treatment as provided in this Convention.2. - The lessee may transfer the right to the use of the equipment or any other rights under the leasing agreement only with the consent of the lessor and subject to the rights of third parties.CHAPTER III - FINAL PROVISIONSArticle 151. - This Convention is open for signature at the concluding meeting of the Diplomatic Conference for the Adoption of the Draft Unidroit Conventions on International Factoring and International Financial Leasing and will remain open for signature by all States at Ottawa until 31 December 1990.2. - This Convention is subject to ratification, acceptance or approval by States which have signed it.3. - This Convention is open for accession by all States which are not signatory States as from the date it is open for signature.4. - Ratification, acceptance, approval or accession is effected by the deposit of a formal instrument to that effect with the depositary.Article 161. - This convention enters into force on the first day of the month following the expiration of six months after the date of deposit of the third instrument of ratification, acceptance, approval or accession.2. - For each State that ratifies, accepts, approves, or accedes to this Convention after the deposit of the third instrument of ratification, acceptance, approval or accession, this Convention enters into force in respect of that State on the first day of the month following the expiration of six months after the date of the deposit of its instrument of ratification, acceptance, approval or accession.Article 17This Convention does not prevail over any treaty which has already been or may be entered into; in particular it shall not affect any liability imposed on any person by existing or future treaties.Article 181. - If a Contracting State has two or more territorial units in which different systems of law are applicable in relation to the matters dealt with in this Convention, it may, at the time of signature, ratification, acceptance, approval or accession, declare that this Convention is to extend to all its territorial units or only to one or more of them, and may substitute its declaration by another declaration at any time.2. - These declarations are to be notified to the depositary and are to state expressly the territorial units to which the Convention extends.3. - If, by virtue of a declaration under this article, this Convention extends to one or more but not all of the territorial units of a Contracting State, and if the place of business of a party is located in that State, this place of business, for the purposes of this Convention, is considered not to be in a Contracting State, unless it is in a territorial unit to which the Convention extends.4. - If a Contracting State makes no declaration under paragraph 1, the Convention is to extend to all territorial units of that State.Article 191. - Two or more Contracting States which have the same or closely related legal rules on matters governed by this Convention may at any time declare that the Convention is not to apply where the supplier, the lessor and the lessee have their places of business in those States. Such declarations may be made jointly or by reciprocal unilateral declarations.2. - A Contracting State which has the same or closely related legal rules on matters governed by this Convention as one or more non-Contracting States may at any time declare that the Convention is not to apply where the supplier, the lessor and the lessee have their places of business in those States.3. - If a State which is the object of a declaration under the previous paragraph subsequently becomes a Contracting State, the declaration made will, as from the date on which the Convention enters into force in respect of the new Contracting State, have the affect of a declaration made under paragraph 1, provided that the new Contracting State joins in such declaration or makes a reciprocal unilateral declaration.Article 20A Contracting State may declare at the time of signature, ratification, acceptance, approval or accession that it will substitute its domestic law for Article 8(3) if its domestic law does not permit the lessor to exclude its liability for its default or negligence.Article 211. - Declarations made under this Convention at the time of signature are subject to confirmation upon ratification, acceptance or approval.2. - Declarations and confirmations of declarations are to be in writing and to be formally notified to the depositary.3. - A declaration takes effect simultaneously with the entry into force of this Convention in respect of the State concerned. However, a declaration of which the depositary receives formal notification after such entry into force takes effect on the first day of the month following the expiration of six months after the date of its receipt by the depositary. Reciprocal unilateral declarations under Article 19 take effect on the first day of the month following the expiration of six months after the receipt of the latest declaration by the depositary.4. - Any State which makes a declaration under this Convention may withdraw it at any time by a formal notification in writing addressed to the depositary. Such withdrawal is to take effect on the first day of the month following the expiration of six months after the date of the receipt of the notification by the depositary.5. - A withdrawal of a declaration made under Article 19 renders inoperative in relation to the withdrawing State, as from the date on which the withdrawal takes effect, any joint or reciprocal unilateral declaration made by another State under that article.Article 22No reservations are permitted except those expressly authorised in this Convention.Article 23This Convention applies to a financial leasing transaction when the leasing agreement and the supply agreement are both concluded on or after the date on which the Convention enters into force in respect of the Contracting States referred to in Article 3(1)(a), or of the Contracting State or States referred to in paragraph 1(b) of that article.Article 241. - This Convention may be denounced by any Contracting State at any time after the date on which it enters into force for that State.2. - Denunciation is effected by the deposit of an instrument to that effect with the depositary.3. - A denunciation takes effect on the first day of the month following the expiration of six months after the deposit of the instrument of denunciation with the depositary. Where a longer period for the denunciation to take effect is specified in the instrument of denunciation it takes effect upon the expiration of such longer period after its deposit with the depositary.Article 251. - This Convention shall be deposited with the Government of Canada.2. - The Government of Canada shall:(a) inform all States which have signed or acceded to this Convention and the President of the International Institute for the Unification of Private Law (Unidroit) of:(i) each new signature or deposit of an instrument of ratification, acceptance, approval or accession, together with the date thereof;(ii) each declaration made under Articles 18, 19 and 20;(iii) the withdrawal of any declaration made under Article 21 (4);(iv) the date of entry into force of this Convention;(v) the deposit of an instrument of denunciation of this Convention together with the date of its deposit and the date on which it takes effect;(b) transmit certified true copies of this Convention to all signatory States, to all States acceding to the Convention and to the President of the International Institute for the Unification of Private Law (Unidroit).IN WITNESS WHEREOF the undersigned plenipotentiaries, being duly authorised by their respective Governments, have signed this Convention.DONE at Ottawa, this twenty-eighth day of May, one thousand nine hundred and eighty-eight, in a single original, of which the English and French texts are equally authentic.##。
融资租赁合同英文7篇篇1RENTAL CONTRACT OF FINANCIAL LEASINGContract No. [合同编号]Lessor (hereinafter referred to as “Party A”):[出租人姓名/公司名称]Lessee (hereinafter referred to as “Party B”):[承租人姓名/公司名称]In accordance with the General Principles of the Civil Law of the People’s Republic of China, based on the parties’ equality and mutual respect, after full and careful consideration, Party A and Party B jointly agree on the terms and conditions of this Financial Lease Contract as follows:Article 1 Contract PurposeThis Contract is intended for Party B to obtain the right to use financial assets (the leased financial asset) by paying leaserentals in advance while Party A rents the same to Party B based on ownership of such financial assets. The purpose of this lease is for Party B to carry out its business activities.Article 2 Lease TermThe term of this Lease Contract shall be for a period of [Lease Term, in years] years. The date of commencement shall be on the first day of the month following the date of signing this Contract. The duration of the lease shall be clearly stated in the Lease Schedule attached to this Contract.Article 3 Leased Financial AssetsThe leased financial assets are as follows: [Details of the leased financial assets, including type, quantity, specifications, etc.]Article 4 Lease RentalsThe lease rentals shall be calculated based on [Basis for calculation]. Party B shall pay rent at regular intervals to Party A as stipulated in the Lease Schedule.Article 5 Rights and Obligations of Parties1. Party A shall ensure that the leased financial assets are in good condition before the commencement of the lease term and comply with the purpose stated in this Contract.2. Party B shall use the leased financial assets in accordance with this Contract and ensure proper maintenance. Any damage or loss caused by Party B shall be fully compensated by Party B.3. During the term of this Contract, Party B shall not assign, rent out or create any security interest over the leased financial assets without prior consent from Party A.4. At the end of the lease term, Party B shall return the leased financial assets to Party A in its original condition except for normal wear and tear.Article 6 Early Termination and Default1. Any breach by Party B from fulfilling its obligations under this Contract shall be considered as a default and allow Party A to terminate this Contract early and claim compensation for any losses incurred.2. In case of any event that may affect Party A’s ownership rights or interests in the leased financial assets, Party B shall immediately notify Party A and take necessary measures tosafeguard Party A’s rights. F ailure to do so shall be considered as a breach of this Contract by Party B.Article 7 Force MajeureIn case of force majeure events such as natural disasters or government policies that affect performance under this Contract, both parties shall be exempt from liability after providing evidence of such events.Article 8 Dispute ResolutionAny disputes arising from this Contract shall be settled through friendly consultations between both parties. If no settlement can be reached, either party may submit the dispute to [Dispute Settlement Institution] for arbitration or file a lawsuit at a court located in [Location].Article 9 Miscellaneous1. This Contract shall be executed in both Chinese and English languages with equal legal effects. Any discrepancies between the two languages shall be resolved by reference to the Chinese version.2. This Contract is made in [Number of copies] copies with both parties holding equal number of copies. All copies shall have the same legal effects.3. Any amendments or modifications to this Contract must be made in writing and approved by both parties before being effective.4. This Contract shall be governed by and construed in accordance with the laws of the People’s Republic of China. The legal relationship arising out of this Contract shall also be governed by such laws unless otherwise specified by both parties under separate agreement in writing and in accordance with applicable laws.篇2Finance Lease ContractThis Finance Lease Contract is made and effective as of_______ (Date) by and between ________ (Lessee) and ________ (Lessor), wherein the Lessee agrees to lease the assets specified in this Contract from the Lessor, and the Lessor agrees to lease such assets to the Lessee on the terms and conditions set out below.Article 1: Lease Object1.1 The subject matter of this lease is ________ (describe the leased asset, such as a machine, equipment, vehicle, real property, etc.).Article 2: Term of Lease2.1 The term of this lease shall commence on ________ (Commencement Date) and shall continue for a period of________ (Lease Term, specifying the duration).Article 3: Rental Payment3.1 The Lessee shall pay to the Lessor a total rent of ________ (Total Rental Amount) in accordance with the payment schedule attached to this Contract.Article 4: Ownership and Risk4.1 The Lessor retains full ownership of the leased asset throughout the term of this lease. The Lessee has the right to use the asset during the lease term but bears the risk of loss or damage to the asset from any cause.Article 5: Lessee's Obligations5.1 The Lessee shall use the leased asset only in accordance with its intended purpose and shall not alter or damage it without the Lessor's consent.5.2 The Lessee shall make all necessary repairs and maintenance to keep the asset in good condition, except for normal wear and tear.Article 6: Lessor's Rights and Obligations6.1 The Lessor shall ensure that the asset is delivered to the Lessee in good condition at the commencement of the lease term.6.2 The Lessor has the right to enter the premises where the asset is located for inspection or maintenance during reasonable hours.Article 7: Termination7.1 This lease may be terminated early by either party in the event of a breach by the other party that is not cured within a reasonable period.Article 8: Default and Remedies8.1 If the Lessee defaults in payment or履行其他义务, the Lessor may exercise any remedy available by law or equity, including repossessing the asset and/or claiming damages.Article 9: Legal Jurisdiction9.1 This Contract shall be governed by the laws of ________ (specify jurisdiction) and any dispute arising from or related to this Contract shall be subject to the jurisdiction of the courts located in ________ (specify location).Article 10: Miscellaneous10.1 Both parties shall perform their obligations under this Contract in a good faith and cooperate to ensure its smooth implementation.10.2 This Contract constitutes the entire agreement between the parties and no modifications shall be made unless agreed to by both parties in writing.10.3 Any notice required or permitted under this Contract shall be in writing and shall be deemed delivered when personally delivered or sent by registered mail.In witness thereof, the parties have executed this Finance Lease Contract in duplicate, with each party retaining a copy.Lessor: _________________________ (Signature)Date: _________________________ (Date of Signature)Lessee: _________________________ (Signature) Date:_________________________ (Date of Signature)_________________________________________ (Legal Address)_________________________________________ (Legal Address)_________________________________________ (Contact Information) _________________________________________ (Contact Information) _____________职业法律顾问:_____________(法律顾问姓名)已对此合同进行了审查,并确认其符合所有适用的法律和法规要求。
【关键字】租赁文献出处:YANG J. The Research on Financial Leasing and China’s Small Micro Enterprises[J]. International Business and Management, 2012, 5(1): 33-37.文献一:The Research on Financial Leasing and ’s Small Micro Enterprises Abstract:The financing difficulties is ’s small micro enterprises existence a universal problem, it has become the main small micro enterprises development of a bottleneck. The financial leasing in the service of small micro enterprises has marked effect. First, to broaden the financing channels of small micro enterprises, second, reduce the fund pressure of small micro enterprises, and the third, promote the technology innovation of small micro enterprises, fourth, promote the market development of small micro enterprises. Due to lack of necessary knowledge on financial leasing, corresponding policies imperfect, lack of the necessary capital supply, affecting the development of financial leasing. To promote the development of financial leasing, should establish uniform management system, improve the relevant policies, expand the funding sources of financial leasing.Key words: Small micro enterprises; Financial leasing; Role; Problems; SuggestionsINTRODUCTION:Small micro enterprises in the process of economic development of China plays a more and more prominent role, however, China’s small micro enterprises generally faced the difficulty of shortage of funds. How to solve the financing problems of small micro enterprises is a hot issue in ’s economic development. Studies have shown that financial leasing is an effective way to solve the financing difficulties of small micro enterprises in . Positive development of financial leasing, can effectively resolve the financing problems of small micro enterprises, thereby promoting economic development.Financial Leasing as a new way to trade, it put the traditional rental, trade and financial way all organic combination up, be understood as a financing bank loans and capital markets after the third road. Financial leasing has the dual function of financing and financial objects, has its unique advantages in the service of the real economy, especially in services to small micro enterprises. In 2010 June, Chinese financial authorities issued further completes the small micro enterprise financial service work certain opinions, requirement to the development of the financial leasingbusiness. The full display financial leasing’s function, may promote the small micro enterprise’s development effectively.1. FINANCIAL LEASING IS THE IDEAL FINANCING OPTIONS FOR SMES INBecause ’s small micro enterprises financing channel is narrow, the financial leasing in service for small companies can give full play to the advantages provided a condition.The enterprise financing way has stockholder’s rights financing and the creditor’s rights financing two types. Stockholder’s rights financing can be divided into two forms: public offering and private collect. The public to raise financing is IPO financing. From the present situation of the development of ’s capital market see, through the IPO of the financing of enterprise are only a small part, thousands of companies listed on the inside and outside is only a very small part of the tens of millions of enterprises. Do not need to undergo a rigorous listing of the audit through a private placement financing, relatively speaking, easier to achieve financing, however, due to the operation of the private equity funds to achieve legalization, even though the public has a lot of private equity funds exist, but really be able to supply the amount of money is relatively limited. On the creditor’s rights financing, at present ’s form of creditor’s rights financing is single, mainly bank credit channel. Bank considering security problems, often to provide money for a credit ratings, the strength of large enterprises, in addition, due to the bank credit market degree is relatively low, not established truly mature enterprise credit rating system, especially the rating system of the small micro enterprises, so that the bank credit activity impossible cover a much wider range of debt financing needs, only to meet a range of financing demand. So, small and medium-sized enterprises, especially small micro enterprises financing constraints become enterprise development of a bottleneck. Financial leasing way was invented in the 1950s, as a kind of long-term debt financing, is by the lesser according to the lessee’s need, in advance in accordance with the contract, the lessee to designated betray a person to buy the lessee designate d fixed assets, in the lessor has the fixed assets under the premise of ownership, to the lessee pays the rent for conditions, will be a period of time fixed assets and earnings of the right to transfer to the lessee. Financial lease financing way has several obvious features: First, the lessee may have a full financing. Second, can save the lessee's capital investment, reduce business cash flow pressure. Third, the leased equipment is selec ted according to their needs to determine by the lessee. Fourth, lease activities involve at least three parties, can form the mutual restrict. Fifth, after the expiry ofthe lease, the lessee of the equipment used dispose of the three options remain to purchase, renew or surrender of tenancy rights. At the same time, the financial leasing has the function of financing and product promotion function. Financial leading’s characteristic and the function speaking of the financing channel narrow small micro enterprise, is one relatively ideal financing solution way. Therefore, financial leasing has superiority serves for the small micro enterprises, it easier to become one kind of substitution choice of small micro enterprises long-term creditor's rights debt financing.2. THE ROLE PLAYED BY FINANCIAL LEASING SERVICES TO SMESFinancial leasing advantage decided it has a unique role in service for small micro enterprises. Financial leasing has the following advantages: First, provides professional services for small micro enterprises. Leasing companies often choose some specific industry to carry out leasing business, can provide enterprises with professional services. In the process of cooperation with the enterprise, the leasing company in addition to providing financing service outside, with the development of it industry, enterprise to the understanding of the profit model, and master the management of the enterprise, which objectively can play on small micro enterprises guidance. Second, procedure is simple, flexible service. Usually, the small micro enterprises has short, anxious, the quick characteristic to the fund demand. Compared with the bank credit, financial leasing to the lessee of assets and liabilities of the requirements is not high, do not need to strict examination and approval, only need to the lessee of the future cash flow of an investigation. The small micro enterprises with rents the company to work out the different contract, satisfies the tenant to the cash flow request, the rent payment pattern may also process nimbly. Therefore, financial leasing way more accord with small micro enterprises capital demand characteristic. Third, helps small micro enterprises to reduce operation risk. Not afford to buy production equipment, the lessee obtained through financial leasing equipment, the project put into operation as early as the early benefit from improved operating efficiency. The financial leasing reduces the outflow of funds for the enterprise equipping. Financial leasing scheme is designed with a certain degree of flexibility, leasing companies can be tailored according to the enterprise’s cash flow rent repayment plan, avoid enterprise repayment pressure too concentrated, thereby reducing the financial risk. Entered into a lease contract, the equipment prices, rentals and other important issues are to determine the one-time, the lease term remains fixed, thus reducing the uncertaintydue to price fluctuations in the process of renting. Because financial leasing has the advantage, therefore, it plays a unique role in service for small micro enterprises.2.1 Expand the Small Micro ’sFinancing Channel Bank considers to the safety of the credit funds to set up corresponding assets loan mortgage conditions, the small micro enterprises are restricted by many factors, it is difficult to obtain loan from the bank. Compared with the cumbersome procedure of the bank loans, financial leasing often do not require the lessee to provide credit guarantee finance simplicity, therefore, the financial leasing for those in the early days, there’s no mortgage assets, the lack of complete credit history, asset-liability ratio higher small micro enterprises, especially small micro enterprises in the start-up stage to provide a realistic financing channels.2.2 Red uce the Small Micro Enterprise’s Fund Pressure Compared with corporate self-purchase of equipment, through financial leasing, the lessee pays the rent way to obtain the right to use of machinery and equipment, a combination of financing and investment, to create the operating profit. Although the equipment not getting the ownership of the equipment, but, the enterprise to pay the rent for the far less than the amount needed for the lump sum investment financing volume. With the aid of financial leasing, the lessee is by equipment, return the money, namely to rent way to pay for the equipment. The rent installment payment amount by the lessee and the lessor is both in their cash flow condition considered after certain, beneficial to the lessee cash flow, managing enterprise capital expenditure, reduce the financial pressure. In addition, because of the financial leasing is not included in the company’s balance sheet, through financial leasing enterprises can reduce the rate of assets and liabilities, for the enterprise development laid the foundation for other financing activities2.3 Promote the Small Micro Enterprise’s Technological Innovation Financial leasing can make both supply and demand meet directly, reduce the intermediate link, so as to facilitate the equipment into the fields, and drive enterprise production development, financial leasing to become the link of enterprises cohesion production and sales. Due to the strength of strong small micro enterprises reduce the full risk of equipment investment, so that enterprises have more energy to track changes in the market, accelerate technical innovation pace, produces more competitive products. Small micro enterprises through financial leasing to reduce the burden of equipment investment, quickly get the needed technology and equipment. This way can shortenthe technological transformation of the enterprise and equipment renewal cycle, through the continuous rent advanced equipment to shorten the time machine equipment use, thus speeding up production equipment renewal, maintain production technology lead, and seizes the market opportunities.2.4 Promote the Small Micro Enterprise to Develop the Market Financing and the sale are two difficult problems which the small micro enterprises faces. Financial leasing has not only solved enterprise's financing problem, moreover the help enterprise has developed the market. May reduce the selling expenses through financial leasing, reduces purchases the threshold, enhancement customer purchase ability, to reduce sells link's account receivable and the time sale risk. At the same time, because financial leasing is one kind manages the behavior, between the lessor and the tenant maintains continually the good communication condition, the tenant can act according to the customer feedback the information, carries on the renewal and the consummation to the product, maintains the product the lead. Through financial leasing, may communicate the finance, the trade, to produce three markets, the guidance capital reasonable order is mobile, promotion financial capital, industrial capital and trade capital fusion.3. THE PROBLEMS OF ’S FINANCIAL LEASING AND WHY2011 China financial leasing industry development report shows, to the end of 2011, 286 Chinese operations in the book all types of financial leasing companies, financial leasing contract balance of approximately 930 billion yuan. Should say, financial leasing industry development scale and the development of the Chinese economy condition is don’t match3.1 Problems of Financial LeasingAlthough financial leasing business started in 1981, but look on the whole, it is still a new business in , is still in the initial stage of development, the external market environment, the legal environment is still not perfect and mature. As the main body of market rental company professional skills, management level, risk control ability has yet to be further improved. 2011 financial leasing industry development report listed the problems of ’s financial leasing industry: First, to financial leasing profession understanding existence erroneous zone. The Department concerned thought that financial leasing will boost the inflation, thus, the financial leasing company has adopted the scale control policy, rented enterprise’s sources of fund to come under the influence. Second, financial leasing business in areas around the development is not balanced.As 90% of all types of financial leasing companies are concentrated in 30 cities, including , , , while the rest of the country more than 200 Earth-level above the city, including some capital cities, has not a financial leasing company. Third, relevant laws and regulations are not perfect. The development of financial leasing industry still lacks a unified and effective judicial safeguard. Fourth, financial leasing company’s risk awareness is still relatively weak. The country rela ted supervisory department’s supervision system is not perfect. Many lease enterprises did not set up effective risk control mechanism. Some lease enterprise on a smaller scale, but business promoting soon, capital adequacy ratio even less than 1%. Some comprehensive lease in the business enterprise develop, after-sales back to the proportion of the rent is too big. In addition, ’s financial leasing industry regulation is not uniform. China’s financial leasing industry, according to the different nature of the investor, by the People’s Bank of China, the CBRC, the CSRC, the Ministry of Commerce of China, both funded by commercial banks or the four asset management companies, non-bank financial institutions supervision by the CBRC, also includes by each kind of non-financial enterprise investment, the Ministry of Commerce of China is responsible to supervise, not to include the financial organ to rent the company。
金融资产证券化中英文对照外文翻译文献(文档含英文原文和中文翻译)Securitization of Financial assetsAsset-Backed Securitization (ABS) is a financial tool which allows financial institutions (usually commercial banks) to move unmarketable assets (e.g.lease assets mortgage assets or commercial papers) from their balance sheets in exchange for a long term loan which can be ploughed back into more profitable investments. More precisely ,the financial assets are converted into bonds (so called notes ) and the proceeds of their market issuance become a long term loan for the assets owner (the originator ).We will look at the ABS operation mainlyfrom the point of view of this financial institution.Our analysis will concentrate on the critical phase of the ABS operation avoiding to describe in detail the role of some of the participating operators, such as banks and insurance companies, which provide the credit protection (risk hedging) of the operation .It should be noted that the issue of credit protection is an interesting research topic in itself .However ,the corresponding features such as credit guarantees and cash flow riskiness are beyond the scope of this paper .In an ABS, the assets are sold by the originator to a special purpose vehicle (SPV), an institution created solely for that purpose .The SPV funds the purchase through issuing debt securities-the notes-which are collateralized by the assets. Note that the assets transfer is a true sale. Thus , if the originator becomes insolvent or is involved in bankruptcy the transferred financial assets will not be part of the bankruptcy the transferred financial assets will not be part of the bankruptcy assets. This makes the notes an interesting investment opportunity .In apass through payment scheme the final investors who buy these notes receive periodic inflows (interests on their investments). These are directly relatedto the periodic installments paid by the holders of the assets (e.g. lessees or mortgage holders) to the originator (e.g. the lessor ). Using the ABS structure the originator bypasses the problem of an impossible outright sale of its assets and thus reduces its overall exposure to them. For instance ,lease or mortgage contracts which tie up the capital of leasing companies can be moved into notes. This replacement of illiquid assets improves the return on equity (ROE).From the point of view of the originator, an ABS allows the achievement of three mainFinancial objectives:1.Replacement of the assets in the balance sheet, therebyimproving ROE and allowing ( if the originator is a bank)a more flexible keeping of the asset/liability compositionconstraints imposed by the control authorities (i.e. the Central Bank).2.Diversification of fund sources. Althrough the originatormay be low rated, its notes usually get a higher rating(e.g. AAA) due to the presence of banks and insurancecompanies which guarantee the whole operation .This implies that such notes can be dealt on the main financialmarkets allowing the originator to reach markets which would otherwise be unaccessible for him since attended only by more established companies.3.Higher rated notes are more reliable investments and thusare allowed to pay lower interest rates to holders. If the cost to get a higher rating is lower than the saving obtained by issuing notes which higher rating, then the global cost to acquire funds decreases. Let us assume that an institution with a BB rating can get money at a rate such as Libor (London interbank offering rate) plus 150 basis points. Such an institution, as originator, may decide pay an additional 100 basis points to get credit warranties 1 and be able to issue notes with rating AAA at the cost of Libor plus 10 basis points. In this case an ABS will produce a saving on interest rates of 40 basis points. This situation applies in practice, since there is no efficient market for the underlying assets. The interest in this financial operation drastically increased in the last years all over Europe. In Italy, one of the most recent and relevant ABS has been performed by the pulic institution in charge of the management of the social security system, i.e. the Istituto Nazionale dellaPrevidenza Sociale (INPS).This operation has allowed INPS to move delinquent contributions from its balance sheet.Other transactions of this type took place in the area of public housing agencies.The interest in this financial operation drastically increased in the last years all over Europe. In Italy, one of the most recent and relevant ABS has been performed by the public institution in charge of the management of the social security system, i.e. the Istituto Nazionale della Previdenza Sociale (INPS). This operation has allowed INPS to move delinquent con-tributions from its balance sheet. Other transactions of this type took place in the area of public housing agencies.Many papers dealing with ABS from a modeling point of view have appeared in the last few years. Since an extensive review is beyond the scope of this paper we will only mention the papers by Kang and Zenios [6,7] and by Mansini and Speranza [12,13] and refer to the references given therein. For a better insight in the complex problem of securitization we suggest the textbooks [3,5,15].In particular, motivated by the analysis of a real-worldcase, Mansini in [11] and then Mansini and Speranza in [12] have studied the problem of optimally selecting the assets to refund the loan. In other case only lease assets are considered, although many other types of assets have the same basic characteristics. In their paper the outstanding principal of the assets is computed based on constant general installments (the so called French amortization). The resulting problem of selecting assets at unique date can be modeled as a d-dimensional knapsack problem, which is hardly tractable by exact algorithms but is typically solved by constructive heuristics (see e.g.[1,16]) or metaheuristics (see e.g.[2,4]. The authors also show that in the special case where all lease assets share the same financial characteristics (amortization rule, internal interest rate and term ) all but one constraint turn out to be redundant and hence the model reduces to a classical 0-1 knapsack problem (KP), which is relatively easy to handle (cf.[8,9,14]). See [10] for a general introduction to knapsack problems. Their work does not take into account the occurrence of a different rule for the asset amortization. In many practical applications (both for lease and mortgage contracts) thecustomers receiving the assets choose to pay back their debt by constant periodic principal installments (the rule is known as Italian amortization). Up to now this common rule has been totally ignored in models formalization.The objective of this paper is twofold .First of all we innovate with respect to previous modeling approaches by introducing a general model to select financial assets at multiple dates. The motivation derives from the practical need of finding alternative and possibly more effective formulations for the problem of asset selection in ABS to achieve a better utilization for the long term loan.Secondly, we analyze the frequently encountered practical case in which the assets (lease or mortgage contracts) are paid back by constant periodic principal installments ( Italian amortization rule). In this way the paper aim to provide analysis of an alternative amortization rule available in practices as well as the development of better tools for the institutions responsible for the planning and management of ABS.Before defining the new model we should give a more detailed sketch of the ABS process. To help the reader invisualizing and better understanding the structure of an ABS process. The SPV issues notes on the financial market receiving funds from institutional investors who purchase the notes and hold them until maturity subject to the availability of acceptable short-term financing. The proceeds obtained by the notes’issuance are used by the SPV to make revolving purchases of the unrated assets from the originator. The latter receives a long term loan which is payable solely by assets. In particular, the originator has to select the assets to be handed over for the loan reimbursement. These assets are“converted into” the notes issued by the SPV.The assets which are included in an ABS process have to be selected in a way such that the sum of their outstanding principals never exceeds the outstanding principal of the received loan (from now on simply the main outstanding principal) at any point in time. Now in order to maximize the financial gain of the operation the critical problem for the originator consists of minimizing the gap between the main outstanding principal and the outstanding principal of the selected assets over all points in time. This gap constitutes a loss of profit due to missing moreprofitable investments with higher yields.Actually the area of the main outstanding principal covered by the sum of outstanding principals of the handed-over assets yields a return for the originator ( e.g. the lessor) depending on the difference between the percent interest rate per year that the originator got from its customers (e.g. the lessees) and the lower percent interest rate paid to the note holders. If the sum of the outstanding principals of the selected assets has a global reimbursement profile which decreases more rapidly than that of the main outstanding principal, then the originator gets funds from its customers in advance with respect to the deadline at which it should pay the capital installment to the SPV. Such funds have to be reinvested in some predefined type of investments indicated in the ABS agreement. These investments last for a brief period (from the date in which they are available to the following date of reimbursement for the main loan) and usually yield a very low interest rate. Given the rate B payed for the notes it frequently happens that B is close to zero and may also be negative involving a loss for the originator. This justifies the interest in minimizing thegap between the two profiles and stresses the importance of studying alternative shapes for the outstanding principals.Another important aspect in an ABS process is the risk of assets prepayment (cf.Schwartz and Torous [18]).A decline in interest rates may cause an earlier repayment of the outstanding principals of the assets and hence has a negative effect on the value of the objective function over time since the gap towards the main outstanding principal increases.For some types of assets such as auto loans or credit card receivables this prepayment is unusual. However, leasing-like assets do face the risk of interest-rate based prepayment. Since prepayment events are non-predictable they cannot be taken explicitly into account in a deterministic off-line optimization model. Implicitly, it is assumed that all assets have the same probability of prepayment. In all cases where the risk of early paybacks is particularly high, a re-optimization of the whole ABS process at a later point in time is strongly recommended.Concerning the time line, in our case the assets arehanded over by the originator and purchased by the SPV starting at a closing date (initial date for the loan) and on a Fixed basis thereafter during the so called revolving period.. Each date at which a purchase takes place is called settlement date. The assets handed over by the originator at the closing date and thereafter at the settlement dates are collectively referred to as the initial and subsequent portfolios, respectively. Issued notes yield an interest payable on periodic bases (usually quarterly) and are redeemed at different final maturity dates. For this reason, notes are divided into tranches characterized by different deadlines.The reimbursement to the holders of the principals of a tranche of notes corresponds to a reimbursement installment of the main outstanding principal. Hence, the outline of the outstanding principal of the loan has as many installments (steps)as the number of notes with different maturity issued on the market.The main source of payment of interest and principal on notes are recoveries arising out of the assets. In particular, the cash-flow deriving from assets is used by the SPV to satisfy its obligations to the holders of notes.Naturally, the outstanding principal of an asset depends on the rule used for amortization.As mentioned above, two different rules mainly appear in practice, In the first rule, usually known as French amortization, the general periodic installment (sum of periodic interests and principal installment) is constant over time. In this case the customers who hold assets (mortgage or lease contracts) have to pay the same geometrically over time .In this case the customers who hold assets (mortgage or lease contracts) have to pay the same constant amount at each deadline. Since the principal installments increase geometrically over time (see figure 2(b) ), the outstanding principal can be approximated by a concave piece-wise linear function.Source: D. Bertsimas and R. Demir. Securitization of Financial Assets: Approximation in Theory and Practice. Computational Optimization and Applications, 2008(29), P147-171翻译:金融资产证券化资产证券化(ABS)是一种金融工具,它可以让金融机构(通常是商业银行)的流动资产(如租赁资产滞销,抵押资产或商业证件)在他们的资产负债表中转换为长期贷款。
小微企业融资外文文献翻译the XXX credit to small and medium enterprises (SMEs)。
However。
micro enterprises (MEs) which are smaller than SMEs。
have been XXX。
using a path XXX finance。
such as family and friends。
due to the lack of access to formal finance。
Path dependence is also evident。
XXX finance.翻译:乌干达的小微企业融资:路径依赖和其他融资决策的决定因素XXX:Winifred XXX-XXX博士摘要:发展中国家的融资文献主要关注正规金融机构向中小型企业(SMEs)提供信贷的角色。
然而,小微企业(MEs)比SMEs更小,却被忽视了。
本文使用路径依赖框架,研究了乌干达小微企业的融资决策,识别了影响它们获得融资的因素。
研究发现,由于缺乏正规融资渠道,小微企业严重依赖非正规融资来源,如家人和朋友。
路径依赖也很明显,过去的融资决策和与非正规融资来源的关系影响了当前的融资决策。
本研究建议政策应着重改善小微企业获得正规融资的渠道,并促进金融素养,减少对非正规融资来源的依赖。
Access to credit is crucial for small and medium enterprises (SMEs) and micro enterprises。
as they are considered to be the main drivers of economic growth。
In e countries。
XXX role than SMEs。
XXX-agricultural self-XXX。
XXX due to the way they are XXX。
金融资产证券化中英文对照外文翻译文献Financial Asset nAsset-Backed n (ABS) ___ ns。
typically commercial banks。
to remove unmarketable assets。
such as lease assets。
mortgage assets。
or commercial papers。
from their balance sheets in exchange for a long-term loan that can be ___。
the financial assets are transformed into bonds。
known as notes。
and the proceeds from their market issuance e a long-term loan for the asset owner。
also known as the originator。
This article will primarily focus on the n of ABS.ABS nThe ABS ___:1.___ a pool of financial assets that it intends to securitize.2.___ of the assets to a special purpose vehicle (SPV)。
which is created for the sole purpose of holding the assets and issuing the notes.3.The SPV issues the notes。
which are backed by the cash flows generated by the underlying assets.4.The notes are sold to investors in the capital markets。
融资租赁合同英文6篇篇1Finance Lease ContractThis Finance Lease Contract (hereinafter referred to as the "Contract") is made and concluded on __Date__, between Party A, the Lessor, and Party B, the Lessee, under the principles of equality, fairness, honesty and credit.Article 1: Contract Parties1.1 Party A: __Lessor's Name__ (hereinafter referred to as "the Lessor").1.2 Party B: __Lessee's Name__ (hereinafter referred to as "the Lessee").Article 2: Lease Object2.1 The Lessor agrees to lease to the Lessee the following equipment/asset: __Description of the leased asset__.2.2 The leased asset shall be used by the Lessee for the purpose of __Purpose of lease__.Article 3: Lease Term3.1 The lease term shall be __Term of the lease__ starting from the date of commencement.Article 4: Rental Payment4.1 The Lessee shall pay the Lessor a total rent of __Total rent amount__.4.2 The rent shall be paid in __Payment terms__ to the Lessor's designated account.Article 5: Lease Commencement and Delivery of the Leased Asset5.1 The Lessor shall deliver the leased asset to the Lessee on __Delivery date__.5.2 Upon delivery, the Lessor shall provide necessary documents and guarantees for the leased asset.Article 6: Rights and Obligations of the Parties6.1 The Lessor shall ensure that the leased asset is in good condition and functions properly.6.2 The Lessee shall use the leased asset in accordance with its intended purpose and shall not engage in any activities that may damage the asset or affect its value.6.3 The Lessee shall bear all costs related to the maintenance and repair of the leased asset during the lease term.Article 7: Termination of Lease7.1 The lease may be terminated under any of the following circumstances: a) expiration of lease term; b) mutual agreement between the parties; c) material breach by one party causing the other party to suffer substantial losses; etc.篇2FINANCIAL LEASE CONTRACTParty A (hereinafter referred to as the "Lessor")Party B (hereinafter referred to as the "Lessee")In accordance with the principles of the Contract Law of_______ (the country's name) and other relevant laws and regulations, Party A and Party B, through friendly consultation, agree to conclude this Financial Lease Contract for the leasing of certain assets.Article 1: Lease ObjectParty A agrees to lease to Party B, and Party B agrees to lease from Party A, the following equipment/asset details (hereinafter referred to as the "Leased Asset"): [Specify details of the asset including make, model, quantity, etc.]Article 2: Lease TermThe term of this lease shall be [specify term in months or years]. The lease shall commence on _______ (start date) and shall terminate on _______ (end date).Article 3: Lease RentParty B shall pay Party A a total rent of _______ (specify amount) for the Leased Asset. The rent shall be paid in installments/monthly/quarterly/annually as per the schedule agreed between both parties.Article 4: Lease PaymentLessee shall make timely payments as per the agreed schedule. Any delay in payment shall be subject topenalties/interest as agreed upon by both parties.Article 5: Ownership and Risk TransferDuring the term of this lease, ownership of the Leased Asset shall remain with Party A. Risk of loss or damage to the Leased Asset shall be transferred to Party B.Article 6: Use and Care of Leased AssetParty B shall use the Leased Asset in accordance with its intended purpose and shall take proper care of it. Any damage caused by misuse or negligence shall be borne by Party B.Article 7: TerminationThis lease may be terminated by either party in the event of breach by the other party. Termination shall be subject to terms and conditions stated in this Contract.Article 8: WarrantyParty A guarantees that the Leased Asset is in good working condition and free from any hidden defects. Any defects discovered during the lease term shall be rectified by Party A at its cost.Article 9: InsuranceParty B shall arrange for insurance of the Leased Asset against risks specified in this Contract. The cost of insurance shall be borne by Party B.Article 10: Force MajeureIn case of force majeure events, performance of either party may be suspended or terminated in accordance with relevant laws and regulations.Article 11: MiscellaneaBoth parties shall comply with all applicable laws and regulations pertaining to this lease. Any disputes arising between the parties shall be settled through friendly negotiation. If negotiation fails, either party may refer the matter to a court of law.This Contract shall be binding on both parties and shall be witnessed by two competent witnesses. Any amendments or modifications to this Contract shall be made in writing and signed by both parties. This Contract is made in duplicate, with each party retaining one copy for their records.Signed by Lessor: ________________________ Date:________________Signed by Lessee: ________________________ Date:________________(Insert witness signature and date)(Insert seal or stamp) 声明符合中国的相关合同格式规范。
中英文对照外文翻译文献中英文资料外文翻译附录1:(原文)The Determinants of the Leasing of Small Companies1, international for small and medium-sized companies were discussedAt the beginning of the 20th century, appear with ford motor as a representative of the mass production methods, people believed in the enterprise of large-scale business is the trend of The Times. But last of the twentieth century ago in economics leading view also think big enterprise is efficient, the scale become the pronoun of efficiency, enterprise's economic development of large-scale become direction. Yet the century in the 1970s, a kind of traditional ideas beganchallenged. In 1973, the British scholar schumacher (E.F.S chumacher) published a small is a good book. Quickly and has caused a great echo. The author thinks that the western countries specialization, large-scale production pattern looks is solved "production problem", but actually is an illusion. This mode of production caused economic inefficiency, environmental pollution, resource exhaustion, and fostered many social problems. Therefore, must choose again a development pattern or way. Schumacher pointed out the development of large-scale and automation error, advocated the development of small and medium-sized intermediate technology. He thinks. To make the society "enduring" development, must go miniaturization, among the development of roads, especially to the development of small and medium-sized enterprises and "intermediate technology". British prime minister Tony Blair also put forward by 2005 to the development of small businesses of British construction become heaven ".2, small and medium-sized enterprises in China's economy contributionSmall and medium-sized enterprises is an important means of technical innovation. Before world war ii, the century with different since the 1960s and 1970s gradually arisen on information technology and biotechnology as the core of the new technology revolution is mainly in small and medium-sized enterprises, and at least in lots of small and medium-sized enterprises tody develops. In the middle of the century ago, rich economies in the proportion ofsmall and medium-sized enterprises has been declining trend; In the middle of the century especially after the 1960s and 1970s, and small and medium-sized enterprises and started mass development (see Storey, D.J., 1994). This suggests that small and medium-sized enterprise is to adapt to this new trend of technological progress. According to statistics, so far, small and medium-sized enterprises in China has more than 800 thousand, accounts for the enterprise 99% of all. In since 1960s of rapid economic growth, industrial output value of new 76% above is created by small and medium-sized enterprises. Small and medium-sized enterprise output and realize profits tax have accounted for 60% of the national respectively and 407., in recent years in the total export, small and medium-sized enterprises accounted for about 60 percent. "no doubt, small and medium-sized enterprises has become the new growth point of boosting the national economy, promoting China's economic boom is the main driving force of uplink. About smes in the country's economy, the importance of roughly boils down to:First, provide employment opportunity, absorbing surplus labor force. Compared with large enterprises and small and medium sized enterprises are using more labor-intensive technology, so the development of small and medium-sized enterprises can help alleviate current employment pressure. In fact, although small and medium-sized enterprise role far more than that, but it is small and medium-sized enterprises of this feature, to medium and small-sized enterprisesfor people increasingly attention. Our country the industry and commerce registration of small and medium-sized enterprises, more than 1,500 million, accounts for the total enterprises ninety-nine percent, to be town provides seventy-five percent of the jobs.Second, create the mainstay of GDP. According to the above information: small and medium-sized enterprises in the national industrial output account for about 60, realize profits tax of up to 40%. Table 3-1 for our independent accounting industrial enterprises in 1995-2000 some data, including various types of enterprise of gross industrial output and the proportion of total assets, value added of industry and the proportion of total assets and profit tax amount to total assets ratio (namely fund LiShuiLv). We can find that, regardless of in the output value on the proportions still in proportion of small and medium-sized enterprises are superior to large enterprises. This shows that every unit fund of small and medium-sized enterprises than large enterprise creates more social wealth. But, in addition to 2000, small and medium-sized enterprises outside the capital LiShuiLv below large enterprises. So, in proportion with capital value LiShuiLv appears between some contradictions. Because the latter reflects the former distribution relationship, this is because of hard to get the bank low-interest loans to small and medium-sized enterprises to use capital interest of proportion of those enterprises.Lease financing background is socialized production developed market economydevelopment to a higher level, industrial products, developed countries and its relative surplus of industrial capital seek and develop new market, therefore in the investigation of its function and advantages, cannot be separated from the historical background. Only understand this historical background, can answer financing lease why produced in the 1950s and to worldwide development, rather than creating and developing in other time periods. Financing lease improved social reproduction pace, acceleration of capital goods circulation and consumption, drive investment demand and the fellowship demand expanded. Eventually have a promotion aggregate demand growth, and thus to promote full employment and economic development.3. Move investment demandBritish lease experts, the bott who specially in the world on the lease yearbook of literary theory and the effect. He said: "in fact, some governments are shifting in full-scale lease to stimulate domestic investment. They moved to increase employment desire from an" '. He in investigating the German and British examples. Conclusion: lease industry in ensuring the role of main domestic investment was profound. Governments also encourage leasing company for capital equipment finance to expand exports, in order to improve their producers in the international market competition in position. Lease financing are able to expand domestic demand, increase employment in plays a unique role, reason mainly has two sides, the first, the financing lease of the equipment suppliedwhatever is located where requires some personnel, this undoubtedly will increase employment; Second, governments for lease provides preferential tax reduced leasing companies and enterprise's financing cost, thus make many enterprises want to use lease form to carry on an investment, investment increase is apparent.4 our experienceOur country economy in the 1990s, has maintained a strong growth momentum. During this decade, there are eight years is the Clinton administration office. China's President economic commission chairman is 2001 Nobel Prize winner Joseph. SiDiGeLiCi as he died, but also by the Nobel Prize winner, lemon, the author of the article George gram rove lady janet "Aaron, which are both as a new Keynesian representative figures, they advocate information asymmetry theory that completely on market economic regulation is not solve all problems. As a free economy does not guarantee during the trade information symmetry, causing some areas of adverse selection (vicious circle) and moral hazard (credit crisis), this shows that our country was inclined to conditionally government intervention and control the market. Our country government to use tax and interest rate leverage to regulate the market, with investment policy caused investment direction. These again and lease have internal relations. Our so-called tuyuhun equipment leasing the financing lease of by the financing involving rates, strong city in the policy has led to $rising interest rates to leasebring the opportunity of the development. Our tax on rental industry has certain preferential, while rental industry is more relying on talent advantage and control the ownership of the lease objects legal status, make full use of our country to encourage investment preferential policies, and designed the system "lease", such as: "leveraged lease", "tax leasing", etc in accord with the government encourages investment direction lease modes, enlarged policy efforts, promote the economic development of our country. From our lease data can be found in a decade ago our lease permeability (leasing forehead occupies equipment investment proportion) is 32%, lease the forehead is $120 billion, after 10 years (1999), the leasing of statistical data, the lease 34.4% permeability is the forehead is 2260 billion dollars. Lease lease frontal doubled. Its economic permeability (rental amount of GDP) 30% of the proportion of GDP of China accounts for almost a third. Lease with the China economic double forehead, but no major permeability changes show that lease is not omnipotent, just a economic levers, from our own experience, lease for economic development in the ability to move around." Lease has so magical function, it mainly in the operation of the real rights and use "separation" concept in action, property and rights separation gave lease activities to enlarge government control of the will, become market between government and market between effective macro-control measures. From since 9/11, our country and take several rate cuts and tax adjustment policy, as well as expand access to war, lay particular stresson government input control economy components.Lease financing background is socialized production developed market economy development to a higher level, industrial products, developed countries and its relative surplus of industrial capital seek and develop new market, therefore in the investigation of its function and advantages, cannot be separated from the historical background. Only understand this historical background, can answer financing lease why produced in the 1950s and to worldwide development, rather than creating and developing in other time periods. Financing lease improved social reproduction pace, acceleration of capital goods circulation and consumption, drive investment demand and the fellowship demand expanded. Eventually have a promotion aggregate demand growth, and thus to promote full employment and economic development.附录2:(译文)小型公司融资租赁的决定因素l、国际对中小型公司的探讨20世纪初,出现以福特汽车为代表的大规模生产方式,人们相信企业的大规模经营是大势所趋。