As under the repealed law, the tenant is the owner of the rented property. It uses the goods in accordance with the agreement and carefully and can benefit from quality. The rented property must be insured and the tenant must pay the premiums. Unlike the repealed law, Law 6361 does not fix the insurer; it is regulated under the agreement. Until December 13, 2012, leasing, factoring, financing and lending activities were governed by Abrogated Law, by-law on Money Lending Activities No. 90 and related derivatives. Law 6361 on leasing, factoring and financing company (Law 6361), promulgated on 21 November 2012 by the Turkish Grand National Assembly, came into force in the publication of 13 December 2012 and was number 28496. Law 6361, which governs all companies participating in the above activities, repeals and replaces the repealed Act and Decree 90. Law 6361 introduces significant changes to financing leases. The article in this month`s newsletter analyzes the financing leases and substantial changes introduced by the new provisions. The equipment lease contains conditions such as payment times – z.B. when periodic payments are due and the last due date for late payments. If the resource has a relatively short use time within the company before it needs to be replaced or updated, operational leasing may be the most frequent option if the resource has a relatively short lifespan in the business.
This is because the asset is likely to retain a significant portion of its value at the end of the agreement and will therefore increase lower rents over the life of the lease. Because the lessor takes the risk with respect to the residual value of the asset, this is taken into account in the total cost of the contract. The tenant may be granted a right to sell under the contract. Some banks lend to small and medium-sized enterprises to help them rent expensive equipment. Banks charge lower fees and can provide better customer service than businesses that are not predominantly active in financing and are therefore preferred by borrowers. Some banks also serve regular transactions, depending on your agreement with them. Law 6361 no longer preserves the provision that the lessor must be the insurer of the property. In accordance with the new provisions, the contract defines the party that must insure the property.
The tenant is required to pay the lease price. The rental-financing price and payment terms are regulated under the agreement.