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Basic questions to
ask for a lease
TERRY J. WINDERS Traditional balance-sheet lending
works well for commercial loans, but it is not adequate for equipment
leasing, where characteristics of the equipment affect the creditworthiness
of the transaction. Too many bank leasing departments decide to make
a lease without considering important facts about the equipment itself.
Asking the proper questions about the equipment may help you strengthen
the credit or make you question it. Here are 13 questions you should ask
about the equipment underlying every lease. Can You Describe the Equipment Completely? A complete equipment description sounds
simple; however, an adequate description rarely makes it to the lease
agreement. Vendors have idiosyncratic identification systems that
may be unclear to you. Even after you have the invoice in hand, you
usually must telephone the vendor to understand the equipment, how
it is identified, and what is or is not an attachment or special part.
Many lessors have tried to retrieve their equipment from bankruptcy
trustees, landlords, or other creditors, only to find that a poor
description makes it difficult or impossible to identify and claim
the leased equipment. It is important to include a plain
English description of the eqiupment-as well as the more technical
information-on a Uniform Commercial Code (UCC) filing. Otherwise,
inexperienced purchasers may think your equipment is lien free and
buy it from the lessee. The UCC filings would give you the right to
retrieve your equipment, but once it has been sold out of trust, it
is almost impossible to discover who purchased it and where it is.
Even if you can learn who purchased the equipment, you probably will
face a legal fight to establish your right to the equipment. Proper description also allow you
to use guidebooks to distinguish the particular equipment being leased
form similar equipment and to verify the proper purchase price. Many
times vendors give sloppy descriptions to conceal price increases
to handle payoffs on poor trade-ins, unpaid repair bills, or even
kickbacks to your customer. Lack of proper or complete equipment descriptions
indicates that something is amiss in your lease request. Who is the Manufacturer and How Strong
Is the Distributor or Vendor? Manufacturers and distributors of
new technology sell equipment with lots of sizzle, but they themselves
tend to be low on experience. Leasing equipment based on a new technology
is a major risk if the manufacturer or distributor does not have the
staying power to remain in business over the life of the lease. The
manufacturer must be financially secure to supply spare parts and
to live up to warranties and guarantees. A strong lessee is little
comfort when equipment fails to perform and the distributor is out
of business. Lessees hate to pay for equipment that doesn't work and
will use every legal method available to stop paying rent. Even for proven equipment, a distributor
or vendor in weak financial condition could cause hardship and expense
for your customer. This could have a material effect on the creditworthiness
of the transaction. In general, distributors that are
in poor financial condition make promises that are difficult to keep.
Discuss with your lessee all warranties and guarantees, both verbal
and written, offered by the vendor. View unusual promises with skepticism;
avoid distributors who make such promises. How Do Total Costs Break Down? Vendors usually are very reluctant
to break down the total cost of the equipment. By investigating the
proper description and identifying each individual piece of equipment
or attachment, you can learn what proportion of the total cost is
hard costs, or costs for the equipment itself. The remaining soft
costs are generally irretrievable. They include installation, transportation,
site preparation, permits, taxes, training, after-the-sale support,
technical assistance, extended service, extended warranty, insurance,
operating software, licensed software, and so on. The mere existence
of soft costs should not cause alarm about a potential lease. However,
it is important to identify soft costs in order to assess the value
of the leased equipment. Occasionally, improper sales tax is
assessed because soft costs such as transportation, site preparation,
and technical assistance are included in the equipment cost. If these
items are separated out, the extra sales tax may be avoided. Also,
proper identification of all costs is necessary to evaluate the term
and structure of your lease. What is the Useful Life of the Equipment? Unfortunately, many bankers and lessees
are accustomed to arranging leasing terms that match loan terms. Just
because the customer may have used five-year financing before does
not necessarily mean that five years is the correct term for the lease.
The term should match the period that the lessee plans to use the
equipment. In many cases, the useful life of
the asset depends on use. For example, a forklift may be used either
in a foundry to handle forms of molten metal or in a candy facotry
to load boxes of marshmallows on the back of a delivery van. The useful
life of this equipment varies substantially because of these two uses.
The collateral value of equipment under lease is therefore very dependent
upon its use. It is necessary to determine how your lessee is going
to use the equipment and then match the term of the lease to the useful
economic life of the equipment. Leases with terms that do not match
the use of the equipment generally incur larger losses in default
because customers had sought longer terms to improve cash flow. The
lessee who seeks a term of lease that is longer than the useful life
of the equipment ultimately presents a risk to the lessor. Where Will the Equipment Be Located? Will It Be Moved? The location of equipment is important
for many reasons, especially for tax considerations. Your lessee is
responsible for paying all taxes assessed on the equipment (except
your income tax). Nevertheless, if the lessee fails to pay, you will
be responsible for the unpaid tax because you are the registered owner
of the equipment. Lessees often move equipment from one tax authority
to another (usually from one state to another). If the equipment is
on site when the local tax is assessed, taxes may be due and neither
you nor the customer may know about them. A change in location sometimes signals
a change in use. Many companies start out with an assumption about
how the equipment will be used, but changes in business may cause
them to make a change. This is common with companies that have multiple
subsidiaries engaged in different types of business. It also is not
uncommon for your equipment to be subleased for idle periods. Explain
to your lessee that any change in location or use must be reported
and that this change may result in an adjustment in rent or term.
It may be wise to require in the lease documents that any change in
location must be reported or be held in default. Who Will Operate the Equipment? Asking who will operate the equipment
gives you the opportunity to inform your customer about unauthorized
use. The equipment should be used only by company personnel on company
business. As the owner of the equipment, you must be sure that no
one outside the company can operate the equipment and that no employee
can use if for personal use. Unauthorized use generally invalidates
insurance and sometimes invalidates the manufacturer's warranties
and guarantees. On occasion, some types of equipment
may require special technicians or operators. You should investigate
how this affects the value of your equipment. Often, equipment values
can suffer as much from a shortage of experienced personnel as from
the lack of a secondary market. When Will the Equipment Be Delivered? The delivery date determines when
your equipment lease begins; often this can be up to 90 days in the
future. Therefore, you may quote a lease rate as a function of prime
or some other benchmark to maintain your spread if interest rates
change. This covers your rate risk, but delivery
dates also raise other issues to discuss with the customer. For example,
an immediate delivery generally means that the equipment being replaced
has failed and the need for a replacement is critical. This should
make you ask whether the replaced equipment was used beyond its useful
life and question whether or not the lease term is appropriate. The
equipment may have failed during a period of heavy use; therefore,
a new lease in full years would end at the wrong time of year in the
middle of the heaviest use. Try to decide the best time for a lease
to end, so your customer does not have to make important end-of-the-lease
decisions at inopportune times. Is This Replacement or Additional Equipment? The question of whether the equipment
is replacement or additional leads to the cash flow to pay rent. If
the equipment is additional, it may depend on revenues form increased
production to pay your rent. These revenues may be in the future after
the product has gone to market. Therefore, rent may need to be smaller
at the beginning of the lease to compensate for lack of funds. If the equipment is being replaced,
information about the useful life of the old equipment would be valuable
for structuring the lease. What Will Be the Costs of Removing
the Equipment? The value of equipment that requires
special wiring, major site preparation, or unusual installation procedures
can be eroded seriously by the cost of removing it. High removal costs
usually eliminate residual value of the equipment and give rise to
serious tax questions. If removal costs cancel out the value of the
equipment, it can be said that the equipment has a single use-good
only to the user. Therefore, the IRS would consider it to be purchase
or financed-not leased for tax purposes. To qualify for a lease, the
equipment must have multiple purposes, and it must be possible to
remove and reassemble it at moderate expense. Will the Equipment Need Major Maintenance
during the Term of the Lease? If the equipment will require major
expenditures for overhaul or repair, the customer may not be able
to meet rental payments and pay for the overhaul simultaneously. Compare
the number of hours the manufacturer suggests the equipment be used
before an overhaul to the number of hours your customer plans to use
the equipment. Then plan your rent to compensate for major repairs
or overhauls. If a major overhaul is necessary when
your lease ends, keep this in mind when evaluating your residual risk.
Also, knowledge of the timing of major repairs should affect your
collection effort if your customer begins paying slowly. Lease terms
that do not take repairs into consideration generally increase risk
and guarantee losses in default. What Are the Vendor's Payment Terms? Interest begins accruing on loans
when the bank disburses the funds to the customer. In an equipment
lease, there is no connection between when the customer begins paying
rent and when the bank pays for the equipment. You should review each
vendor's invoice to ensure that you comply with the vendor's payment
terms. Many vendors do not require payment until 30 days after the
customer accepts the equipment. You can enhance the yield on an equipment
lease by 35 basis points or more for each month that you can delay
payment to the vendor. Many vendors are on manufacturer programs that
allow them to pay for equipment up to six months after the sale. If
your vendor is a customer of the bank or you know the vendor, find
out exactly when the equipment must be paid for. If possible, take
advantage of delaying payment to the vendor to enhance your yield. Is Insurance Protection Adequate? Is the Insurer Reliable? In today's volatile insurance market,
rates and coverage can vary substantially. Carefully evaluate both
the insurance coverage and the insurance carrier. Large deductibles
and exceptions combined with weak insurers have left many leasing
companies with damaged equipment and no recourse to the insurance
company. Do not place insurance policies in the customer's file until
the proper personnel read and qualify them. Explain insurance requirements
before the customer takes delivery of the equipment. Will the Customer Modify the Equipment
to Perform a Special Task? Many customers take good, solid equipment
and alter it for a special purpose. On the surface, the equipment
appears valuable. However, when the equipment is altered its purchase
price is inflated to make it handle a special task. In default, altered
equipment must be returned to its base state. The cost of reconfiguring
the equipment to make it marketable and the increased purchase price
may eliminate any equity or even create a serious loss. Exercise special
care when leasing equipment that will be used for a limited or unusual
task. Summary For an equipment lease, evaluating
the equipment is as important as evaluating the customer's creditworthiness.
By knowing as much as you can about the equipment, you can structure
the lease to take into consideration facts that will identify the
true risk of this particular credit. In this column, I have addressed questions
that apply to all types of equipment. Naturally, there will be other
questions that apply only to special kinds of equipment within specific
industries. For a computer lease, for example, you might want to ask
whether it has been around for a while and is therefore subject to
change. Or you might want to know whether or not the computer could
be upgraded or expanded. Knowing the right questions not only
will protect your bank from risk but also will help you to structure
the lease to best serve the customer's needs. Taking care of the customer's
true needs always makes a better customer than reacting to the customer's
assumptions. |
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