12 CFR 714.3 – Must you own the leased property in an indirect leasing arrangement?
You do not have to own the leased property in an indirect leasing arrangement if:
Terms Used In 12 CFR 714.3
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
(a) You obtain a full assignment of the lease. A full assignment is the assignment of all the rights, interests, obligations, and title in a lease to you, that is, you become the owner of the lease;
(b) You are named as the sole lienholder of the leased property;
(c) You receive a security agreement, signed by the leasing company, granting you a sole lien in the leased property and the right to take possession and dispose of the leased property in the event of a default by the lessee, a default in the leasing company’s obligations to you, or a material adverse change in the leasing company’s financial condition; and
(d) You take all necessary steps to record and perfect your security interest in the leased property. Your state’s Commercial Code may treat the automobiles as inventory, and require a filing with the Secretary of State.