Leasing is a contract regulated by the Civil and Commercial Code of the Nation (articles 1227-1250), by which one party, called the giver, transfers the use and enjoyment of an asset to a taker, through the payment of a periodic fee. This contract is characterized by granting a purchase option at the end of the established term, which allows the taker to acquire the asset. Although it is mainly used for movable and immovable assets, it can also be applied to other assets, such as software or technological machinery.
Leasing is biphasic, since it combines elements of leasing and future purchase, which differentiates it from other similar contracts, such as rental. It can be presented in two forms:
Operating leasing, where the asset is used temporarily without any intention of purchasing.
Financial leasing, which includes a purchase option at the end of the contract.
Why should I hire a lawyer to create or participate in these types of contracts?
Having a lawyer specialized in drafting and reviewing leasing contracts is essential for several reasons:
Legal Protection: A lawyer can ensure that the contract complies with local regulations and the needs of both parties. Aspects such as the value of the asset, the term of the lease and the conditions of the purchase option must be clearly stipulated.
Precise wording: Clauses such as the purchase option, the monthly fee and penalties for non-compliance require precision to avoid legal disputes in the future.
Tax Implications: Leasing, depending on its structure, can have tax benefits that an attorney can maximize for the client.
How can I use leasing in my business?
Leasing is a tool widely used by companies to finance themselves without having to spend large sums of money. Among its main advantages for businesses are:
Access to Technology and Equipment: Allows companies to acquire high-cost goods, such as machinery or technology, without making a large initial purchase.
Financial Flexibility: Companies can opt for leasing to avoid mobilizing their own capital, reducing the impact on their cash flow.
Technological Renewal: Leasing facilitates the constant updating of equipment without having to assume all the financial risks of a direct purchase.
To conclude this brief article, we can summarise that leasing contracts offer great financial and operational advantages to companies, provided that they are well structured. A lawyer guarantees that the contract protects the interests of the company and maximises the fiscal and operational benefits available. At Estudio Jurídico Froimovici there are specialised professionals who can advise you on how to operate and do business with this type of contract, ensuring your peace of mind and maximising the protection and performance of your capital.
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