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If you plan to keep
equipment beyond
term of
lease, it is generally cheaper to enter into a bargain purchase/capital lease. During
lease, you pay
lessor a rate of return plus
cost of
equipment. At
end of
lease, you receive
equipment title for a nominal payment. If
equipment is subject to rapid obsolescence or if you feel confident that you will return
equipment at
end of
lease, a FMV or operating lease might prove advantageous. What you are getting in a FMV or operating lease is
flexibility to kick
equipment out at lease end. Additionally, this form of lease can lower your lease rate as
lessor passes a portion of
anticipated residual value back to your firm in
form of lower payments. If your firm has reason to minimize liabilities appearing on
balance sheet, perhaps due to bank financial covenants, an operating lease might be appealing. In these lease situations, balance sheet concerns may trump
desire to obtain
lowest lease rate. In choosing a lease form, look at
period of intended equipment use,
potential for equipment obsolescence, balance sheet considerations, income tax considerations and any other factors that might influence lease choice.
Failing to Evaluate Vendor Service - Equipment Lease Arrangements
Entering into a ‘hell or high water’ equipment lease involving proprietary equipment required for a multi-year service (such as alternative energy or telephone services) can lead your firm into a situation ripe for blunder. Even under
best of circumstances, a ‘hell or high water’ equipment lease (one requiring non-cancelable payments) entered into in connection with a service arrangement carries a certain degree of risk. In many cases,
lease is provided by a leasing company independent from
service provider or later sold by
service provider to a lessor. The potential pitfall results from
possibility that your company might get stuck making lease payments for equipment it can no longer use, should
service provider fail or cease to offer
service. The best protection against this potential pitfall is to avoid these types of arrangements. If you must enter into such an arrangement, make sure
service provider is financially sound, reputable, and has a long track record of providing excellent service. Also, since these transactions always carry some risk, make sure that an abrupt interruption in
service will not have a material negative impact on your company or cause financial hardship.
Ignoring End-of-lease Notice Deadline
While not a deadly blunder, failing to give timely notice at
end of your lease can create significant additional lease expense for your firm if you plan to return
equipment. Many leases have provisions that require
lessee to notify
lessor of
lessee’s decision to return
equipment at
end of
lease. If you violate
notice period,
lease kicks into an often unfavorable automatic renewal period, usually one to six months. If you intend to return
equipment at lease end, make sure your firm gives notice on time. It can save your firm a bundle in avoidable lease expense.
Underestimating Time Required to Close Lease
Not allowing enough time to go through
lease planning, proposal, approval and documentation phases can result in extra cost. A rushed process can lead to poor lessor selection, approval delays, documentation miscues or poorly negotiated lease terms. Except in small ticket transactions (under $ 75,000 to $ 100,000) where personal guarantees of
principals are involved, most lease transactions take at least three weeks or more to close. While some of
time is consumed in
bidding and credit review processes, much of it can be eaten up by administrative matters. Obtaining insurance certificates, filing UCC financing statements, reviewing and negotiating
lease agreement, all contribute to
time it takes to get to a lease closing. The best way to manage
lease closing process and to save precious time and money is to plan ahead. Make sure you establish criteria for
lease you are seeking, prepare a package containing information all bidders would want, obtain a lease closing list from each lease bidder, and respond to all requests/questions raised by bidding lessors on a timely basis.
While equipment leasing pitfalls can not always be avoided, you can take steps to prevent snags that can cost your firm a mint. Plan ahead and do your homework before launching
lease bidding process. Give high priority to selecting an experienced lease provider with high integrity and good expertise. Also, with lease transactions that represent significant obligations for your firm, engage a competent attorney to help you review and negotiate
equipment lease.
