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A Study on Diversification of Lease Transactions and Its Legal Characteristics - Focusing on the Comparison of US and Japanese Lease Market -

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2018, 6(2), pp.159-196
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

Kim, Sang-Jin 1

1세명대학교

Candidate

ABSTRACT

In this paper, we analyze the leasing transaction trend of the United States in consideration of the latest trends and discuss the modern role of leasing transactions and their usefulness as a finance tool. Regarding the lease subject, there are no special restrictions on the type of the goods in the foreign country. In addition to real estate such as facilities, which are currently being mainstreamed, real estate and intangible property (for example, the right to use software) are generally recognized as objects of lease. Based on these considerations, this article will also deal with leases for real estate. The recent lessor in the US facility lease is characterized by a large number of leasing companies in the banking sector. More than half of the new composition is due to the actions of the leasing companies in these banks. The main factor is that the banking system is in line with the management policy of expanding the customer base of banks aiming to provide various bank services with lease transactions. Banks are moving toward acquiring new deals that participate in equipment-less sectors through the experience of leasing transactions or the acquisition of a leasing company, while the restrictions from banking regulations (which are also likely due to the controversy of shadow banking) have. These leases of independent leasing companies and financial subsidiaries of manufacturing companies are also seeking opportunities for continued growth in the leasing business. In the background of the bank’s aggressive participation in lease-related financing, we can find reasons for the fact that the mortgage loan and credit card loan business have weakened due to the recent economic downturn. We think there is a motivation to participate in business line which is comparative advantage. This participation also contributes to the diversification of the bank’s portfolio. Stimulating the financing of the facility industry will help secure a customer base that flexibly responds to the demand of existing customers such as general business people. The banks are engaged in the construction of these business lines through leasing companies’ acquisitions and strategic alliances (independent leasing companies provide leasing transactions to customers of affiliated banks).

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