Registration of a leasing company. Establishment of a leasing company

Leasing company registration procedure: how to create a leasing company? Registration of a leasing company

REGISTRATION OF A LEASING COMPANY

Description

BMG has 10 years of experience in providing services for the creation and registration of leasing companies in Ukraine. BMG has successfully implemented more than 1000 projects, opened more than 100 financial institutions and received more than 300 licenses for financial activities, financial leasing.

BMG services registration of a Leasing company:

You can get a free consultation on registering a leasing company by phone: +380442211110 or by leaving a request on the website, and we will contact you as soon as possible:

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    Financial leasing

    Financial leasing service (financial leasing service) - transactions with financial assets, which consist in the acquisition of a leasing company (lessor) into the ownership of a thing from a seller (supplier) in accordance with the specifications and conditions established by the lessee and the transfer of this thing for use to the lessee for a certain period of time. a period of at least one year for a fixed fee (leasing payments) on the basis of a financial leasing agreement.

    The procedure for registration a leasing company

    It is possible to provide financial leasing services in 2 ways:

    Below is information on setting up a leasing company, without setting up a financial institution.

    Provision of leasing services

    The leasing company has the opportunity to provide financial leasing services if the scope of activities determined by the founding (constituent) documents provides for the provision of financial leasing services and takes into account the requirements of the law regarding the possibility of combining financial services, as well as if:

    • Internal rules for the provision of financial leasing services, approved by the authorized body of the leasing company, in accordance with the constituent documents.
    • Qualified employees directly engaged in financial leasing activities (conclusion, support and execution of relevant agreements), who have higher education in financial, economic or legal areas, and do not have an outstanding or unexpunged conviction for acquisitive crimes.
    • Certificates of registration of a leasing company issued by the Financial Services Commission and / or the National Financial Services Commission.
    • Managers (founders) who do not have an outstanding or unexpunged conviction for acquisitive crimes.
    • A document confirming the right of ownership or use of the premises at the location of the leasing company.

    Leasing companies that systematically provide financial leasing services (have entered into three or more financial leasing agreements during a calendar year) or have entered into at least one financial leasing agreement for an amount equal to or more than UAH 80,000 must be guided in their activities by the requirements of the Law of Ukraine "On prevention and counteraction to the legalization (laundering) of proceeds from crime "and other regulatory acts in the field of prevention and counteraction to the legalization (laundering) of proceeds from crime and the financing of terrorism.

    Registration of a leasing company

    The procedure for registering a leasing company not as a financial company.

    To obtain a certificate, the leasing company submits the following documents to the National Financial Services Commission:

    • Application for registration of a leasing company.
    • Registration card of the leasing company with general information about the leasing company.
    • Copies of the registered constituent documents and all changes and additions to them at the time of application, certified by a notary or by the body that registered the original document.
    • A printed page from the website of the Unified State Register of Legal Entities and Individuals – Entrepreneurs of information about the applicant, endorsed by his head.
      Certificate of educational and qualification level of employees of the leasing company.
    • A certificate confirming that the managers (founders) have no outstanding or unexpunged convictions for acquisitive crimes.
    • A copy of the document confirming the right of ownership or use of the premises at the location of the leasing company, certified by the signature of the head and sealed by the leasing company.
    • A copy of the order of the leasing company on the appointment of an employee responsible for conducting internal financial monitoring, which is certified by the signature of the head and sealed by the leasing company.

    Not later than 30 calendar days from the date of receipt of the application and all necessary documents from the leasing company, the National Financial Services Commission is obliged to make a decision on the conclusion / or refusal to register the leasing company.

    The procedure for the provision of leasing services

    The leasing company is obliged to approve the internal rules for the provision of financial leasing services.

    The internal rules for the provision of financial leasing services must contain:

    • The procedure, features of the provision of financial leasing services by a leasing company.
    • The procedure for exercising internal control over the provision of financial leasing services to customers.
    • The procedure for accounting for concluded and executed financial leasing agreements and reporting to the National Financial Services Commission.
    • The internal rules for the provision of financial leasing services must necessarily determine the responsibility of officials and employees whose official (official) duties include direct work with clients, the conclusion and execution of contracts.

    Accounting for financial leasing agreements is carried out by maintaining a log book of concluded and executed agreements by the leasing company.

    The register of concluded and executed contracts is kept in chronological order and must contain the following information:

    • Entry number in order
    • Date and number of the concluded contract
    • Full name of the legal entity of the lessee
    • EDRPOU code of the lessee
    • Amount of financial asset in monetary terms (thousand UAH)
    • Contract expiration date

    If necessary, the leasing company may supplement the register of concluded and executed contracts with additional information.

    Leasing companies are required to report on the provision of financial services.

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      REGULATORY ACTS REGULATORY ACTIVITIES

      Legal and regulatory framework

      01.  Law of Ukraine: On Financial Services and State Regulation of Financial Services Markets

      02.  Regulation: On the State Register of Financial Institutions

      03.  Law of Ukraine: On financial leasing

      04.  Regulation: On the provision of financial leasing services by legal entities – business entities that, by their legal status, are not financial institutions

      PROCEDURE FOR REGISTRATION OF A LEASING COMPANY

      Stages registration of leasing companies in Ukraine

      01.  Registration of a leasing company

      Preparation of statutory documents, approval of the position of director, registration of a legal entity

      02.  Bringing to standards

      Formation of authorized capital, personnel training, audit, development of rules and regulations

      03.  Entry into the Register

      Preparation of a package of documents, submission to the Commission, consideration of documents, entry into the Register

      04.  Obtaining a license

      Development of rules and contracts, audit, preparation of documents for a license, submission to the commission, issuance of a license for financial services

      WHAT CONDITIONS MUST BE FULFILLED

      Requirements for setting up a Financial Company

      регистрация финансовой компании

      ORGANIZATIONAL AND LEGAL FINANCIAL COMPANY

      Financial companies can be created in any organizational and legal form, if the laws on the regulation of certain types of financial services do not contain special rules and restrictions.

      Special rules are created for: Pawnshops – in the form of a complete society; Credit unions – a legal entity whose members are at least 50 individuals; Insurance companies – in the form of a joint stock company or an additional liability company; Banks – in the form of a joint stock company and others …

      Statutory documents must comply with the requirements of financial companies.

      SIZE OF AUTHORIZED CAPITAL OF THE FINANCIAL COMPANY

      For most financial companies, there is a regulatory minimum size of the authorized capital, which must be formed exclusively in cash.

      For pawnshops – at least UAH 500 thousand or at least 1 million – if branches are opened.

      For a financial company – at least UAH 3 million.

      For a financial company combining several types of activities – at least UAH 5 million.

      For the provision of certain types of financial services, separate requirements may be set.

      The financial company must have a transparent ownership structure in which the ultimate beneficiaries and owners can be identified. The ultimate beneficiaries, owners must have confirmation of the origin of the funds.

      FINANCIAL COMPANY ROOM

      The main requirement for the premises of financial companies is the presence of their own or rented premises, in a non-residential fund at the location of a financial institution specified in the Unified State Register of Legal Entities.

      The premises must be equipped with appropriate computer equipment, which makes it possible to ensure compliance with the requirements for the submission of information to the National Bank of Ukraine / National Commission on Securities and Stock Market, established by the legislation governing the provision of financial services, and communications (telephone, Internet, electronic mail).

      For certain types of financial services, their requirements for premises may be set.

      For pawnshops, there is a place in the room for storing pledged property. A special place of storage of pledged property is a separate room or a separate territory, a place with limited access, which must meet the requirements established by law, be located at the location of the pawnshop or its separate subdivision or at another address and be equipped with the necessary means that must ensure the safety of the pledged items and the maintenance of the pledged items in good condition.

      A credit institution must have a separate private or rented non-residential premises with limited access and a safe for storing money (funds) and documents, which makes it impossible to damage them.

      Insurance companies must own or use premises, namely the non-residential part of the internal volume of the building, limited by building elements, with the ability to enter and exit, which is used exclusively by this applicant in the implementation of insurance activities, at the location.

      Credit unions are required to have a separate room with limited access and a safe for storing money (funds) and documents, which makes it impossible to damage them.

      PERSONNEL OF THE FINANCIAL COMPANY

      There are the following professional requirements for financial companies:

      1. Requirements for the manager and chief accountant
      2. Professional requirements for specialists (for the securities market)
      3. Requirements for the person responsible for financial monitoring

      The head of a financial company that provides the following financial services: lending, leasing, factoring, insurance, currency exchange, money transfer, construction financing, guarantees and sureties, are subject to the following requirements:

      1. have a higher education master’s degree or equivalent;
      2. undergo advanced training and pass an examination for the compliance of knowledge with professional requirements according to the standard training program for managers;
      3. have at least five years of general work experience, of which at least two years of work as a manager, in particular, at least one year as a manager in the financial services markets (for the chairman of the board of a credit union and a pawnshop manager – at least one year of work as a manager)
      4. have an impeccable business reputation.

      The chief accountant of a financial company that provides the following financial services: lending, leasing, factoring, insurance, currency exchange, money transfer, construction financing, guarantees and sureties, are subject to the following requirements:

      1. have a higher education at least a bachelor’s degree;
      2. undergo advanced training and pass an examination for the compliance of knowledge with professional requirements according to a standard training program for chief accountants;
      3. have at least three years of work experience as a manager in the field of financial and / or accounting activities or work experience in the financial services markets in positions related to financial or accounting activities;
      4. have an impeccable business reputation.

      Banks, participants in the securities market are set their own requirements.

      Financial companies are subjects of primary financial monitoring, for this purpose the following requirements are set for the position of the person responsible for financial monitoring: have an impeccable business reputation, have a higher education, at least a year’s work experience in the field of preventing and combating the legalization (laundering) of proceeds from crime, take refresher courses and pass an exam according to the standard refresher training program for the subjects of primary monitoring.

      For financial companies, participants in the stock and securities market, additional professional requirements may be set. So for an asset management company, in order to obtain a license for asset management, it is necessary to have at least 3 certified asset management specialists.

      REGULATORY FOR REGISTRATION OF A FINANCIAL COMPANY

      Financial companies providing the following financial services: lending, leasing, factoring, insurance, currency exchange, money transfer, construction financing, guarantees and sureties, impose the following requirements:

      1. The constituent documents must contain an exhaustive list of types of financial services that the financial company will provide as an exclusive type of its activity, including taking into account the restrictions on the combination of certain types of financial services. The constituent documents of a financial institution – must meet the requirements of a special regulatory legal act, according to which such a legal entity was created.
      2. A financial company has an internal document governing the procedure for the provision of financial services and model contracts with consumers of financial services must comply with the requirements of the law.
      3. Availability of an accounting system that meets legal requirements.
      4. Availability of accounting and recording systems (software and special technical equipment), which must comply with the requirements established by law, and provide for the maintenance of accounting transactions for the provision of financial services to consumers and reporting.
      5. Formation of the financial company of the authorized capital in cash, as well as the compliance of its size with the requirements of the legislation.
      6. Compliance of the manager and chief accountant with the Professional requirements for managers and chief accountants of financial institutions.
      7. The presence of the conditions necessary for the provision of financial services to consumers, namely: own or rented premises at the location of the applicant, indicated in the Unified State Register; appropriate computer technology, which makes it possible to ensure compliance with the requirements for the presentation of information established by the legislation governing the provision of financial services, and communication facilities (telephone, Internet, e-mail).

      WHAT IS NECESSARY TO START REGISTRATION OF A FINANCIAL COMPANY

      To get started, you must provide:

      1. Information about the Founders and ultimate beneficiaries.
      2. Data about the Premises (physical address where the company will be located).
      3. Information about the Manager, Chief Accountant, Responsible for financial monitoring (may be the person of the Director / Chief Accountant): passport, code, diploma, work book.
      4. The planned name of the Company.

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          About us

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          More than 10 years of experience, more than 1000 successful projects throughout Ukraine

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          We employ practicing specialists with at least 5 years of work experience

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          Received licenses

          1000

          Successful projects

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