Leasing activity management system. Improving the economic mechanism for managing leasing activities in Russian industry. Methods for effective management of leasing activities in leasing companies through the introduction of integrated systems

3.2 Methods effective management leasing activities in leasing companies through the implementation of complex systems management accounting

The development of leasing relations was facilitated by the adoption of new Russian legislation in 1998. In 2005, the leasing market in Russia continued to develop at a rapid pace. The volume of funds raised by 110 leasing companies from external sources to finance the real sector of the economy in 2005 reached $3,545 million.

The volume of the entire Russian leasing market, based on the volume of all transactions concluded in 2005, is estimated at $5 billion. This will amount to 0.9% of Russia's GDP for 2005 and 6% of investments in fixed capital.

Figure 10 shows a clear growth trend in leasing payments and the volume of funds financed on the basis of leasing (2002-2005).

The volume of funds financed on the basis of leasing increased in 2005 compared to 2002 by 4.5 times, and the volume of leasing payments - by 5.1 times.

A key factor in the rapid growth of the Russian leasing market has been demand from small and medium-sized businesses. At the same time, the results of the study made it possible to identify several more important factors that create favorable conditions for further growth of leasing.

Firstly, the high level of depreciation of fixed assets of enterprises, on average in industry reaching 60%.

Secondly, the low efficiency of other instruments for financing the real sector of the economy.

Thirdly, the tax advantages of leasing, the importance of which increases in parallel with the general reduction in the list tax benefits.

Leasing objects have high liquidity.

Figure 10 - Volume of financed funds (excluding advances) and volume of leasing payments received by companies in 2002-2005, million dollars.

In 2006, new trends contributed to the development of leasing:

Increased demand for leasing due to the summer banking crisis in 2004;

The entry into force of the new Customs Code containing amended norms for regulating international leasing transactions, which opened up new opportunities for the implementation of international projects for updating fixed assets Russian enterprises agro-industrial complex;

Development of operational leasing;

Growing demand for leasing from small and medium-sized businesses;

Automation of leasing companies.

Management accounting of a leasing company is the process of identifying, collecting and analyzing information to support adoption management decisions when concluding leasing transactions.

It is proposed to consider the management accounting system of leasing transactions in two directions:

A) Management accounting of leasing projects.

B) Management accounting of finances of a leasing company.

The proposed management accounting system for leasing companies should provide:

Effective planning of the organization's activities and implementation of deviation analysis;

Maintaining centralized management projects.

Effective work of leasing company employees in a unified information environment;

Monitoring the implementation of leasing projects;

Obtaining information about the progress of the leasing project at any stage;

Increasing the possibility of a leasing solution in accordance with the growth of the company, new areas of activity, changes in current business processes.

Figure 11 - Scheme of a leasing transaction and financial flows for management accounting purposes

Forecast and assessment of development efficiency various enterprises specialized construction sector when obtaining equipment on lease, confirmed the validity of the developed scientific and methodological approaches. Thus, calculations of the efficiency of obtaining equipment on lease, carried out according to the methodological approaches of Z.D. Polyakova, in relation to JSC NESR, showed that the profitability of sales will more than double (Figure 12).

Figure 12 - Forecast of profitability of sales of NESR CJSC under conditions of obtaining equipment on lease

Thus, the implementation of developments by Z.D. Polyakova revealed the correspondence of practical results to the scientific principles substantiated in the dissertation research.

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1. Basic forms of regulation of leasing relations

The emergence and rapid spread of the leasing business throughout the world is based on two groups of factors:

  • objective- related to the patterns and features of the development of scientific and technological progress and the growth of capital investments in high-tech industries;
  • subjective- socio-economic policy of the state and overcoming the psychological barrier by public consciousness, awareness among a wide range of entrepreneurs of the simple fact that efficient business can be built not on one’s own, but on someone else’s borrowed (rented) means of production.

Among objective factors In the development of leasing, the following are essential:

  • accelerating the pace of updating equipment and technology and, consequently, reducing the obsolescence of equipment and increasing their separation from the period of complete physical wear and tear;
  • increasing complexity and cost of service new technology, limiting its execution by the users themselves;
  • strengthening the differentiation of products and expanding the need not for permanent, but for temporary use of expensive specialized equipment;
  • increasing complexity of the optimal choice of the most effective models (brands) of machines in their increasing range on the capital goods market;
  • a progressive shortage of capital in the financial market and the widespread inaccessibility of traditional sources of investment for small and medium-sized businesses.

At the same time, the transformation of leasing into an effective tool for the revival and development of the Russian leasing process by the state and within the framework of specialized organizations involved in the leasing business. General pattern is that the increase and expansion of benefits leads to an increase in the scale of leasing, and the preservation or introduction of restrictions reduces leasing activity.

By 2001, the Russian economy faced the need for widespread renewal and replacement of fixed capital - practically the entire national production fleet of machinery and equipment. Financial and other types of leasing will play an important role in the modernization of plants and factories, normative base which in Russia, one might say, have basically already been formed (schemes 1, 2, 3, 4, 5, 6).

Scheme 1. Forms government regulation leasing activities in Russia

Scheme 2. Basic guarantees of leasing activities in Russia

Scheme 3. System of leasing benefits in Russia

Scheme 4. Governmental support leasing activities

Diagram 5. Features of regulation and support of international leasing

Scheme 6. The right to use the accelerated depreciation mechanism for the leased asset

Accrual method

The procedure for determining the annual amount of depreciation charges

Calculation example

1. Linear

Based on the original cost of the object and the depreciation rate calculated on the basis of its life beneficial use in equal shares throughout the entire period of use of the object - in equal shares

The cost of the object is 100 thousand rubles, the useful life is 5 years, the annual depreciation rate is 20%. The annual amount of depreciation deductions is 20 thousand rubles. (100·20:100)

2. Reduced balance

Based on the residual value of the object at the beginning of the year and the depreciation rate calculated on the basis of its useful life and acceleration factor, established by law RF (the amount of depreciation is reduced in accordance with the decrease in residual value)

The cost of the object is 100 thousand rubles, the useful life is 5 years, the annual depreciation is 20%, the acceleration factor is 2. The annual amount of depreciation charges:
in 1 year 40 thousand rubles. (100·40%:100);
in year 2 240 thousand rubles.
(100·40 - 40%:100);
in year 3 14.4 thousand rubles.
(60 - 24·40%):100;
in the 4th year 8.64 thousand rubles.
(36 - 14·4·40%):100.

3. Write-off of cost based on the sum of the number of years of useful life

Based on the initial cost of the object and the annual ratio, where the numerator is the number of years remaining until the end of the object’s service life, and the denominators are the sum of the number of years of the object’s service life (the depreciation period of the object can increase during its repair, modernization or conservation)

The same object. The sum of the numbers of years of service life of the object = 15 years (1+2+3+4+5). Annual depreciation amount:
in 1 year 33.3 thousand rubles.
(100·5/15:100);
in year 2 26.6 thousand rubles.
(100·4/15:100);
in year 3 20 thousand rubles.
(100·3/15:100);
in the 4th year 13.3 thousand rubles.
(100·2/5:100).

4. Write-off of cost in proportion to the volume of products (works)

Based on the natural indicator of the volume of production (work) in the reporting period. period and the ratio of the initial cost of the object and the expected volume of products (work) for the entire useful life of it (physical wear and operating mode of the equipment is taken into account - the intensity of its use)

A car with a carrying capacity of more than 2 tons, a standard mileage of 500 thousand km, costs 100 thousand rubles. During the reporting period, the mileage was 5 thousand km. The annual depreciation amount will be 1 thousand rubles. (5·100:500).

Diagram 7. Features of methods for calculating depreciation charges on fixed assets

Tax benefits for subjects of leasing relations are provided for:

  • tax reduction at a profit by including leasing payments and interest on borrowed funds used in financial leasing transactions;
  • exemption from VAT on payments of small enterprises for leasing transactions in full (RF Law of 04/01/96 No. 29);
  • reducing the amount of tax payable to the budget by the amount of VAT paid upon the acquisition of fixed assets at the time they were registered;
  • exemption of imported technological equipment and spare parts for it from value added tax (list of equipment approved by the State Customs Committee of the Russian Federation dated April 13, 1995 No. 248);
  • partial exemption from payment customs duties international financial leasing goods temporarily imported into the customs territory of the Russian Federation: for each full and incomplete calendar month, 3% of the amount of customs duties and taxes that would have been payable if the goods had been released for free circulation (instruction of the State Customs Committee of the Russian Federation dated April 24, 1994) is paid No. 01-12/328);
  • complete exemption from customs duties and taxes for aircraft imported in accordance with the leasing agreement (Order of the Government of the Russian Federation dated May 24, 1995 No. 737-r);
  • import imported property into the territory of Russia under financial leasing without issuing a passport for the import transaction (letter of the Central Bank of the Russian Federation and the State Customs Committee of the Russian Federation dated May 28, 1996 No. 285).

2. Organizational forms of leasing management

Depending on the level of division of labor in society and enterprises, the size and type of commercial organizations, the stage of development of leasing and established practice, three main concepts for managing leasing activities can be distinguished: production, marketing and specialized (industry).

In small enterprises where there is no deep division managerial functions, all work on the preparation and implementation of leasing operations is concentrated in production departments equipment manufacturing companies, which makes it possible to improve the sales of new equipment, arrange for its repair and maintenance directly at the point of use at the tenants. After all, it is in the production departments that there are qualified personnel with experience in production and after-sales service produced equipment. But as the leasing share of manufactured products develops and increases, this organizational form ceases to correspond to the economic interests of both parties and at a certain stage there is a need to transition to a new more high level management.

Separation of management of leasing operations in independent divisions or as part of the marketing service of an enterprise(bank, industrial company) allows you to promote your products on the leasing services market with a large degree of professionalism.

And finally, by virtue of the law social division labor begins the third stage, when leasing activity goes beyond the boundaries of manufacturing enterprises and is concentrated in a special specialized industry, represented by various types leasing companies.

In accordance with specific conditions, the forms of management of leasing activities under consideration exist in time and space simultaneously, in parallel, forming various combinations in relation to any type of leasing. Of course, the management of direct and indirect leasing has significant features (diagrams 8 and 9).

Diagram 8. Organizational forms of direct leasing management

Diagram 9. Organizational structure of indirect leasing management

Further development of organizational forms of leasing management is determined by trends caused by the laws of cooperation and concentration of production.

Cooperation of large financial holders represented by banks and insurance companies with enterprises producing machinery and equipment, as well as repair enterprises with direct consumers, will help overcome the inevitable difficulties of developing a leasing system for technical equipment in the current difficult conditions. It is possible, for example, to have equity participation of interested parties in the formation of specialized leasing companies with the involvement of the material and technical base of each of the participants and their receipt of profit in proportion to the invested capital.

Increased demand for technical equipment in the conditions of market formation leads to an increase in the volume of transactions carried out by leasing companies. More and more new technical means are being drawn into the orbit of the leasing business. Hence the need arises for the consolidation of firms, their specialization, the creation of legally independent firms, in whose contributions this joint-stock company will have a controlling stake. That is we're talking about on the transition to holding-type companies. It is the use of the holding model of company construction that the management of the BALTLEEZ association considers a promising organizational form.

The functional structure of leasing associations and companies based on holding-type firms will significantly reduce the costs of leasing operations. For example, issues of advertising and publishing may well be the responsibility of the company that holds the controlling stake. The holding company may have a general customer research service. Issues of insurance of leasing transactions can also be resolved at the holding company level, subject to a contract with an insurance company.

New areas of activity of leasing companies will undoubtedly entail a complication of the organizational structure. Here it appears general principle- the organizational structure should be rebuilt taking into account the needs of the market, ensuring progress in the leasing business (Figure 10).

Diagram 10. Development of organizational forms for managing leasing activities

3. Organization of leasing companies

Depending on the specific conditions in practice, leasing companies of several types are created:

  • universal, created by commercial banks;
  • specialized, created by large manufacturers of machinery and equipment and leasing part of their products;
  • combined, created by large companies specializing in the supply and maintenance of equipment.

Any leasing company needs stable sources of funds for the purchase of leased equipment. Therefore, of the variety of operating leasing companies, the vast majority were created with the participation of commercial banks. A similar path was chosen when creating BALTLIZA: its main founders were one of the largest banks in Russia, the St. Petersburg Industrial Construction Bank, and one of the leaders in the insurance market, Rosgosstrakh. Thus, two problems were solved at once: the formation of a reliable source of financing for leasing operations and, at the same time, their insurance. The use of relatively cheap long-term loans helped BALTLEASE survive in difficult economic conditions. The main result of BALTLISA's five-year work is proof that leasing in Russia can and should be done.

In accordance with current legislation, commercial banks in Russia, along with other operations, can also carry out leasing transactions. There are two main forms of bank participation in the leasing business:

  • direct method when the bank itself acts as a lessor, creating a special department or group of specialists in its structure;
  • indirect method when the bank establishes an independent leasing company or acts as a creditor to the lessor.

The advantages of leasing activities of banks are expressed in the following areas:

  • the presence of real material support for leasing operations;
  • expanding the range of its operations and sphere of influence in the region;
  • relatively high profitability of leasing operations due to commission payments;
  • increasing reliability by investing in the sphere of material production.

A positive aspect of leasing development is also the participation of large leasing companies in relevant relations. industrial complexes and interaction with regional authorities.

Thus, the Moscow Leasing Company (MLK) was established by the Moscow Small Business Support Fund and operates with the organizational and financial support of the Moscow Government. In the agro-industrial complex, the functions of a lessor are performed by decision of the Government of the Russian Federation by OJSC Rosagrosnab, as well as Akkor-Leasing, the general contractor of the Russian Farmer Foundation, etc.

The activities of the majority of currently operating leasing companies are universal in nature. For example, the Moscow leasing company carries out:

  • financial leasing of equipment for small businesses;
  • search and promotion of progressive technological processes and equipment, and also analyzes the capabilities of their effective use in Russian conditions;
  • examination of projects and technologies, development of recommendations for their rational use in small enterprises;
  • consultations on the selection of equipment and supplier;
  • selection of optimal leasing conditions;
  • Providing teaching materials to newly created leasing companies specializing in small businesses.

This company leases the following types of equipment:

  • production and construction equipment;
  • mini-bakeries;
  • equipment for processing meat, milk, agricultural products;
  • woodworking equipment;
  • lines for the production of cookies, pasta, breakfast cereals;
  • medical and dental equipment;
  • darkrooms and mini-printing houses;
  • gas stations;
  • production lines plastic bottles;
  • bottling lines for various drinks;
  • packaging equipment.

The largest leasing company, the Baltliz association, registered in mid-1890 in St. Petersburg, has an even more complex composition of leased property. The founders of the association were Lenpromstroybank, Gosstrakh of the USSR, Baltic Shipping Company, NIIMS represented by its St. Petersburg branch. The first leasing operations were associated with the leasing of dry cargo ships to the Baltic Shipping Company. But by the beginning of 1992. the range of equipment leased has expanded significantly. Nowadays it includes not only ships, but also aircraft, industrial equipment, construction equipment, office equipment, and other technical equipment. The largest share in the structure of the association's leasing fleet currently falls on sea ​​transport. Both public and private cooperative organizations that need certain types of equipment act as consumers of services. The Association builds its work on the basis of using not only its own, but also attracted sources of financing for leasing operations. Currently, Baltliz is exploring leasing opportunities for consumers of agricultural machinery, oil production and refining enterprises, as well as gold mining. A representative office of the association was opened in Moscow.

Most of the leasing companies existing today were created as small enterprises - limited liability partnerships through the pooling of funds of the founders, each of whom made a certain contribution. The feasibility of this legal form was determined on the basis of tax benefits introduced for small enterprises, as well as the lack of a developed leasing market, which predetermined at the first stage the relatively small scale of activity in this area. But now the transition of leasing enterprises to a joint-stock form of operation, the advantages of which are well known, is being completed.

The Law of the Russian Federation on leasing defines leasing companies as commercial organizations (residents and non-residents of the Russian Federation), created in the form of a joint stock company or other organizational and legal forms, performing the functions of lessors in accordance with constituent documents and licenses.

The founders of leasing companies (firms) can be legal entities and (or) citizens (residents or non-residents of the Russian Federation), including individual entrepreneurs.

Consequently, leasing companies, in accordance with the Civil Code of the Russian Federation and the Leasing Law, can have various organizational and legal forms.

Choosing the most appropriate organizational and legal form leasing company (see diagram 11) in each case is carried out taking into account a certain set of factors, including:

Scheme 11. Model for choosing the legal form (OLF) of a leasing company


Scheme 12. Procedure for creating a leasing company in the form of an open joint-stock company

When creating a leasing company, it is necessary to take into account the peculiarities of the construction and functioning of business companies, cooperatives, partnerships and the most common - joint-stock - form of leasing organization (diagrams 12, 13, 15).

Scheme 13. Appointment of management of the leasing company and opening of a bank accountv

Law of the Russian Federation on joint stock companies The maximum permissible list of controls has been established, including:

  • General Meeting of Shareholders;
  • board of directors (supervisory board);
  • sole executive body (general director, board);
  • collegial executive body (executive directorate, Executive Director);
  • liquidation and audit commissions;
  • The counting commission is a permanent body of the general meeting.

At the same time, the Law provides for the possibility of choosing various options for the formation of management bodies and their combination (Diagram 14).

Option 1

Option 2


Option 3

The first two options, shown in Diagram 14, are characterized by the creation of a strong sole executive body ( general director), elected by the general meeting of shareholders pp. 8 clause 1 art. 48 and paragraph 3 of Art. 49 of the Law).

Scheme 15.
General characteristics of a leasing company in the form of a joint stock company

Characteristics

JSC - commercial organizations whose authorized capital is divided into a certain number of shares

open (JSC)

closed (closed joint-stock company)

1. Founders

One or more physical and/or legal entities based on agreement
cannot have one participant - another company consisting of 1 person
the number of participants is not limited, but cannot exceed the number of shares

One or more individuals and (or) legal entities
the number of participants should not exceed 50, otherwise transformation into an OJSC or liquidation through the court must be carried out

Is a legal entity

Is a legal entity

3. Sources of funds

From free sale of shares potential buyers
income received
authorized capital of at least 1000 minimum wages (minimum wages)

From the sale of shares to the founders or a predetermined circle of persons. Cannot conduct open subscription for shares. Authorized capital of at least 100 minimum wages

4. Ownership

The property belongs to OJSC
shareholders can freely alienate their shares to any person without the consent of other shareholders
the shareholder does not have the right to return the contribution (property, money, etc.) made through payment for shares

The property belongs to the JSC
shareholders have a preemptive right to purchase shares sold by other shareholders of this CJSC
shareholders cannot demand a refund in payment for shares

5. Special conditions liquidation

Can transform into a limited liability company or a production cooperative

With an increase in participants above the norm, it will be transformed into an OJSC

6. Use of property

To carry out any business activity not prohibited by law or licensed

For any business activity not prohibited by law or licensed

7. Number of participants

Can be created by one person

May consist of one person

Maximum term of office of the General Director (duration of temporary labor contract) can in this case be up to 5 years (Article 17 of the Labor Code). A decision on early termination of the powers of the general director can only be made by the general meeting of shareholders. At the annual elections of the board of directors, the issue is decided not about the powers of the general director, but about the entry of the current general director into the next composition of the board of directors. The law allows for the possibility of a sole executive body joining the board of directors, but does not necessarily require this.

It is advisable to elect the Chairman of the Board of Directors at a meeting of this body from among its members, as provided for in paragraph 1 of Art. 67 of the Law. He performs coordinating functions in the work of the council. The charter should provide that general meetings and meetings of the board of directors are chaired by the general director, which allows for clause 2 of Art. 67 of the Law. It must be remembered that the Law prohibits combining the functions of the sole executive body and the chairman of the board of directors (clause 2 of Article 66 of the Law).

The difference between the options under consideration is as follows.

Option 1 provides for the presence of two executive bodies. Along with the sole executive body, a collegial body (executive directorate, board) is formed, which is appointed by the board of directors at the proposal of the general director.

The main functions for the current management of the company's affairs are assumed by the executive bodies, with the role of the general director strengthened. The executive body may delegate that part of the powers of the general meeting, the delegation of which is permitted by law. The person performing the functions of the sole executive body is ex officio the chairman of the collegial executive body (Clause 1, Article 63 of the Law). It should be remembered that members of the collegial executive body cannot constitute a majority on the board of directors (Clause 2 of Article 66 of the Law). In the option under consideration, there are correspondingly restrictions on the possibility of joining this body large quantity officials from the executive directorate. The board of directors in this situation becomes more of a supervisory board.

This option corresponds to commercial organizations with a large volume of activity and the presence of large “external” investors. Such shareholders can be represented on the supervisory board and participate in the development of strategic decisions, while the current management of affairs is carried out by executive bodies consisting of professional officials who work in the company permanently. The option allows us to maintain the traditional status of a “strong” CEO.

Option 2. Having a sole executive body, this option is more consistent with joint stock companies created during the privatization process, in which the controlling stake is in the hands of administration officials, that is, the largest shareholders are executive directors.

The option retains the status of a “strong” general director, but involves the abandonment of a collegial executive body, which allows one to bypass the restriction contained in paragraph 2 of Art. 66 of the Law that members of this body cannot constitute a majority on the board of directors. In the proposed scheme, any number officials companies (which, as a rule, are major shareholders) can join the board of directors.

The Board of Directors assumes the functions not only of developing strategic decisions, but also of current operational management. It is delegated those powers of the general meeting, the delegation of which is permitted by law to the board of directors and the executive body. In the option under consideration, we are not talking about a supervisory board, but about a board of actual executive directors.

There is no need to form a special collegial executive body. The General Director can use such a traditional form of developing collective operational decisions as a production meeting of heads of functional services, divisions, workshops, and branches.

In this case, the company's charter should distinguish between two procedures. The first is the election and early termination of powers of members of the board of directors. This falls within the exclusive competence of the general meeting. The second is the appointment and dismissal of members of the board of directors from specific positions in the functional services of the company. The law does not regulate the latter procedure - accordingly, it can be transferred to the competence of the general director. When choosing option 2, you should avoid the common temptation to limit the possibility of only shareholders of the company joining the board of directors.

Option 3. A leasing company can be managed by a hired manager. The General Meeting of Shareholders elects the Board of Directors and its Chairman. The Board of Directors appoints a sole and, if necessary, a collegial executive body.

This option is more suitable for newly established joint stock companies, where one of the founders owns a controlling stake. It is relevant when establishing subsidiaries. The founder does not have the opportunity to deal with operational issues of managing the company he created. commercial organization, but at the same time wants to ensure fairly strict control over its executive bodies.

The place of the “strong” general director elected by the general meeting in this scheme is taken by the chairman of the board of directors (who, as a rule, is the largest shareholder).

An executive director is essentially a hired manager appointed by the board of directors with an annual renewal of his powers. The need to create a collegial executive body is determined in each case individually.

At general meetings and meetings of the board of directors, in accordance with the charter, the chairman of the board of directors presides.

Current legislation (clause 2 of article 103 of the Civil Code of the Russian Federation and clause 1 of article 64 of the Law) establishes the mandatory creation of a board of directors in companies with more than fifty shareholders. In companies with a smaller number of shareholders, it is possible to do without this management body, the functions of which are carried out by the general meeting of shareholders.

The successful activity of a leasing company is largely determined by the rational construction of its internal organizational structure and the formation of an adequate system of management bodies (diagrams 16, 17, 18).

In addition to the general director, the management structure of the leasing company includes the positions of financial director, director of commercial affairs and director of general issues.

The competence of the commercial director includes issues marketing research leasing market, commercial intermediary operations, drawing up contracts for leasing of technical equipment, studying foreign trade and leasing practices.

An integral part of the commercial service of a leasing company is a staff of experts capable of conducting analysis and preparing conclusions about the technical level, development prospects, consumer properties and market opportunities of the company. Neglect of these analytical services was in most cases the reason for the ineffectiveness of many established leasing companies. It is advisable to include in the competence of the financial director issues related to financial support leasing operations, market research for borrowed funds, financial examination of contracts, as well as determining the economic indicators of the leasing company and studying the clientele.

The organizational structure of a leasing company depends on the type of shareholders (banks, insurance companies, private organizations, etc.), the economic sphere of activity (industry, agriculture, trade, etc.), the type of contracts and goods (equipment, transport, mini-factories , real estate, etc.), areas of activity. Therefore, building a company must meet the goals and objectives of it and its founders.


Diagram 16. Organizational structure of a leasing company (Option 1)

As it expands entrepreneurial activity leasing companies usually create subsidiaries and dependent companies with the rights of a legal entity (schemes 19 and 20).


Diagram 17. Organizational structure of a leasing company (Option 2)


Diagram 18. General meeting of shareholders in the management system of a leasing company


Scheme 19. Subsidiary leasing companies

Scheme 20.
Options for participation of the main company in a subsidiary

Limits of participation in the authorized capital

The nature of the influence on the decisions made by “DO”

Little influence without the ability to influence transactions performed

From 5% to 25%

Minority participation, limited influence

From 25% to 50%

Blocking minority (25% + 1 share) prevents decisions of the “DO” when 3/4 votes are required

Parity participation

From 50% to 75%

Simple majority, the ability to influence many decisions “BEFORE”

From 75% to 100%

Qualified majority, determination of decisions on all issues of the activities of “subsidiaries”

100% authorized capital"BEFORE"

Full ownership of the organization

Scheme 21.
Basic parameters of a leasing company in the form of a business company

Characteristics

Companies are commercial organizations with an authorized capital divided into shares (capital pool)

with limited liability (ХООО) - art. 87-94 Civil Code of the Russian Federation

with additional responsibility (HODO) - art. 95 Civil Code of the Russian Federation

I. Founders


The number of participants must not exceed the norm, otherwise the company will be transformed into a joint stock company or liquidated
Cannot have one participant - another company from the same person
Government agencies cannot participate in the public limited liability company

One or more persons under an agreement and charter
If one person, then founding document is the charter

Is a legal entity
Has a brand name indicating OPF

Is a legal entity
Company name indicating “with additional responsibility”

3. Sources of funds

Cost of participants' deposits Income received

Cost of participants' contributions
Income received

4. Ownership


When leaving the enterprise, a part of the value of the property is issued, corresponding to its share in the authorized capital
Transfer of a share or part thereof to third parties is permitted according to the charter. Preemptive right of participants to purchase the share of the retiring

Property belongs to society
Deposits are possible in any size and are divisible
It is not permitted to exempt a participant from making a contribution, including by offsetting claims against the company

5. Management

Supreme body - general meeting of participants
The executive body is collegial and (or) sole, which can be elected from non-participants
Control body - audit committee
No public reporting required

Similar to HOOO
At the request of any participant, an audit can be carried out
Reduction of authorized capital after notification of creditors

6. Responsibility

Participants are not liable for the obligations of the LLC and risk their deposits
Joint and several liability for the unpaid portion of deposits

Solidary subsidiary in the same multiple of the value of their contribution for everyone
In case of bankruptcy of one of the participants, his liability is distributed in proportion to the contributions of the remaining

7. Creditworthiness

In the amount of property of the enterprise, it is not less than the amount of authorized capital established by law

In the amount of property of the holding and participants in a multiple of the value of each contribution

8. Profit distribution

Proportional to deposits

Proportional to deposits

9. Relationships between participants

The right to participate in the management of the activities of a limited liability company, to part of the property after the liquidation of the company, to transfer a share or part thereof to other participants

Similar to HOOO

10. Special conditions for reorganization

By unanimous decision of the participants, it is liquidated or transformed into a JSC or PT

Similar to HOOO

11. Number of participants

One participant possible

One participant possible

Scheme 22.
Features of a leasing company in the form of a business partnership (Article 66-85 of the Civil Code of the Russian Federation)

The proposed systematization of the advantages and disadvantages of leasing allows us to more deeply understand the fundamental differences in the views of Western and domestic experts on them.

Table 2.

Disadvantages of leasing from the perspective of international practice

and Russian specifics

Characteristics

Partnership - a contractual association of persons for entrepreneurial activities

full (PT)

on faith (limited partnership) (CT)

1. Founders (participants)

Individual entrepreneurs and (or) commercial organizations based on an agreement
A person can be a member of only one PT
A PT participant cannot be a full comrade in a CT
The law may prohibit or limit the participation of certain categories of citizens

General partners - individual entrepreneurs and (or) commercial organizations
Also includes one or more investors (commanders) - citizens and legal entities
Government agencies and MS bodies do not have the right to be investors
A PT participant cannot be a general partner in a PT, and a general PT partner cannot be a participant in a PT
A person can be a full companion in only one CT

Is a legal entity
Has a corporate name indicating the OPF and the name of all, several or one participant

Is a legal entity
Has a company name indicating the OPF and the name of at least one general partner and the words “and company”
The investor included in the company name becomes a general partner

3. Sources of funds

Contributions of participants to the authorized (share) capital without the right to issue shares
Income received

Contributions of general partners and investors in share capital
Income received

4. Ownership

The property belongs to the partnership
The retiring person may receive part of the value of the PT property in accordance with his share in the share capital
No common shared ownership is formed

The property belongs to KT
The investor can receive his contribution at the end of the year upon leaving CT
Depositors have a preferential right over general partners to receive deposits upon liquidation of a CT

5. Management

Carried out by each participant by common agreement, or on behalf of the PT or on behalf of individual participants

Carried out by full comrades
Investors are by proxy and cannot challenge the actions of general partners

6. Responsibility for obligations

Full subsidiary joint and several with all your property for 2 years from the time of disposal
Elimination or limitation of liability is void

General partners bear full liability with all their property
Depositors - within the amount of the deposit
CT is not liable for the property obligations of investors

7. Creditworthiness

To the extent of the property of the PT and each (all) participant(s)

To the extent of the property of the joint venture, and if insufficient - the property of general partners

8. Distribution of profits and losses

Proportional to shares in share capital
It is not allowed to exclude a participant from participating in profits (losses)

In the manner prescribed by the constituent agreement for a share in the share capital

9. The nature of the relationships between the participants

Trust relationships under a contract (one for all, all for one)

The right of each participant to exit, to share profits, information, management of PT

Trust relationships constituent agreement between complete comrades
Depositors do not participate in the conduct of business of the CT; they have the right to a portion of the profit, information and exit from the CT upon receipt of their contribution

10. Special conditions for liquidation

When there is only one participant left in the PT, if he has not transformed the PT into a business company within 6 months
If one of the participants leaves the PT, the rest do not decide to continue their activities

Upon the departure of all investors, if the general partners have not converted CT into PT
If the only remaining participant has not converted KT into a business entity within 6 months

11. Use of property

In accordance with the purposes and purpose of the property

12. Disposal of property

With the consent of all participants

With the consent of full comrades

13. Number of participants

At least two

Khizirieva D.I.,
legal adviser
JSC "Mustang"

The issue of organizing a leasing business, as is known, depends on the organizational structure and organizational forms of leasing management correctly formed by the head of the leasing company. This issue is relevant due to the fact that the correct formation of the company’s structure in accordance with the business goals and strategic objectives of the company is one of the main factors in the competitiveness of a leasing company.

A leasing company, as a representative of a legal entity that has the right to carry out commercial activities, begins its activities in the same way as other representatives of legal entities, namely, from the moment state registration with the tax and registration authorities.

The founders of leasing companies, in accordance with clause 2 of Art. 5 of the Law on Financial Lease (Leasing), there may be legal entities and (or) individuals. Consequently, leasing companies, in accordance with the Civil Code of the Russian Federation and the Law on Financial Lease (Leasing), can have various organizational and legal forms. Therefore, we can say that any company engaged in commercial activities and renting out its property for financial or other lease can be called leasing, especially since it does not need to obtain a license for this.

Depending on the specific conditions, leasing companies can be distinguished according to two principles, first of which the division of leasing companies into six groups is provided depending on their founders: banks (Russian and foreign), production structures (enterprises, financial and industrial groups directly producing the leasing object), government agencies management, insurance companies, individuals and other founders. According to second principle a division of leasing companies into specialized and universal is provided.

From an analysis of the market for leasing companies in Russia, we can say that most of them were created with the participation of large banking, insurance or industrial holding companies, but companies created by large banks prevail among them. The spread of this practice is due to the existence of a certain pattern, that is, the need for leasing companies to be close to large financial and investment holdings or to be “under their wing.” This is understandable: leasing in its essence is a financial service, a reasonable alternative to a loan, and it is also a more convenient option for creating a leasing company, especially since the main problem of leasing companies is immediately resolved - the path to financial resources is simplified. In this case, two forms of bank participation in the leasing business are used:
- direct method, when the bank itself acts as a lessor, creating a special department or group of specialists in its structure;
- an indirect method, when the bank establishes an independent leasing company or acts as a creditor to the lessor.

Representatives direct method participation are such well-known Russian banks as the Bank for Small Business Lending (Bank KMB), Uniastrum Bank, etc.

Indirect participation in the activities of their leasing companies is taken by Alfa Bank, Raiffeisenbank, VTB Bank, Parex Bank, Moscow Business World Bank (MDM Bank), Moscow Credit Bank, NOMOS-Bank, Absolut Bank, etc.

The creation and operation of a leasing company within a commercial bank is due to the mutual advantages that these partnerships provide to their participants.

However, it should be noted that in the first years of operation of such leasing companies, they usually serve clients of the founding bank. For example, this is what happened with LLC “LK “RMB-Leasing”. In the first four years of its existence, this company served primarily clients of the Russian International Bank. Currently, an increasing percentage of the portfolio consists of transactions with independent clients. But this depends on the strategy and operating principles of the bank itself. There is also a practice of providing leasing services by a bank's subsidiary only to clients of this bank. The well-known representative of leasing companies, Raiffeisen-Leasing LLC, tries to maintain this position. For example, this company, expanding its regional network, simultaneously opens a branch of its founding bank there. However, leasing companies created under banks have greatest potential in order to become independent universal leasing companies, as well as the opportunity to gain experience in leasing transactions with trusted bank clients and at the same time build your credit history.

Leasing companies created by production structures also make it easier for themselves to find financing, since the founders sell the products they produce through them, expanding their sales network. However, not all production structures use this method. In the leasing market, such representatives are usually large and well-known industrial holdings; for example, in Russia these are LC KAMAZ, RAF-Leasing, and among foreign companies operating in Russia, BRUINSWICK RAIL LEASING, Daimler Chrysler Financial Services Russia, Scania Leasing, Volvo Finance Service, Caterpillar Financial are known , Hewlett Packard, etc.

When creating a leasing company with the participation of government bodies, budget funds are largely used, which are provided to lessors at a cost of 1/2 or 1/4 of the refinancing rate of the Bank of Russia, which also eliminates the problem of finding sources of financing for leasing transactions. However, this also has its downside, for example, the founders may require the leasing company to participate in projects that are not always economically profitable for it. The representative of such a leasing company is the Moscow Leasing Company (MLK), established by the Moscow Small Business Support Fund and operating with the organizational and financial support of the Moscow Government. In the agro-industrial complex, the functions of a lessor are performed by decision of the Government of the Russian Federation by OJSC Rosagrosnab, as well as Akkor-Leasing.

Regarding leasing companies created under insurance companies, we can say that this is one of the ways for them to diversify their business. Having temporarily free financial resources, they decide to invest them in reliable leasing projects. Thus, leasing allows them to significantly expand the scope of their own insurance business and receive significant additional income. Such companies in the leasing market are “RESO-Leasing”, “Renaissance-Leasing”, “Progress-Neva Leasing”.

Lessors can also be individuals those engaged in individual entrepreneurial activities without forming a legal entity. In practice, there are such cases. For example, until February 2002, that is, before the abolition of licensing for leasing activities, entrepreneurs in Kaliningrad, Omsk, Seversk, Almetyevsk received a license for three years. Of course, such lessors may encounter big problems in their activities, but, as current practice shows, they are more ambitious and proactive, and the majority of interesting and diverse leasing products and programs are created in their companies.

The division of leasing companies into specialized and universal is based on the object specialization of the company. In particular, specialized leasing companies usually work with one type of goods (passenger cars, computers, containers, trucks, aircraft, etc.) or with goods of one group standard types(construction equipment, printing equipment, telecommunications equipment, etc.).

Universal leasing companies lease various types of Vehicle, equipment and real estate. They give lessees the right to choose the supplier of the equipment they need. Maintenance carried out by the supplier or lessee himself. In this case, the lessor, as the owner, has the right to inspect the property and check its completeness. After putting the facility into operation, he is required to sign the facility acceptance protocol.

Specialized leasing companies already have their own fleet of machinery or equipment and provide them to the lessee upon his request. In this case, maintenance and repairs are carried out by the lessors themselves. Representatives of specialized Russian leasing companies are: Leasingstroymash, RTK-Leasing, GEO-Leasing, Global Rent, RusLeasingSvyaz, Medleasing. Representatives of specialized leasing companies with foreign capital participation are: large manufacturers machinery and equipment, such as: BRUINSWICK RAIL LEASING, Daimler Chrysler Financial Services Russia, Scania Leasing, Volvo Finance Service, Caterpillar Financial, Hewlett Packard, etc. For these companies, the share of one type of equipment is usually close to or equal to 100 % in the total volume of their leasing activities.

An analysis of the practice of Russian leasing companies shows that at this time universal leasing companies prevail in the leasing market. However, the Russian leasing market is characterized by a process of gradual reduction in the level of universalization and, accordingly, an increase in the number of leasing companies specializing in leasing certain types of property.

Depending on the level of division of labor in society and enterprises, the size and type of commercial organizations, the stage of development of leasing and established practice, three main concepts for managing leasing activities can be distinguished: production, marketing and specialized (industry).

First concept provides for the implementation of leasing operations by a manufacturer of any specific equipment (leasing object). Then all work on the preparation and implementation of leasing operations is concentrated in the production departments of equipment manufacturing companies, which makes it possible to improve the sales of new equipment, organize its repair and maintenance directly at the point of use at the lessees. After all, it is in the production departments that there are qualified personnel with experience in the production and servicing of manufactured equipment. But as the leasing share of manufactured products develops and increases, this organizational form ceases to correspond to the economic interests of both parties, and at a certain stage there is a need to move to a new, higher level of management.

Second concept provides for the separation of management of leasing operations into independent divisions or as part of the marketing service of an enterprise (bank, industrial company), which makes it possible to promote manufactured products on the leasing services market with a large degree of professionalism.

And finally third concept provides for a situation where leasing activity, due to the law of social division of labor, goes beyond the boundaries of manufacturing enterprises and is concentrated in a special specialized industry, represented by various types of leasing companies.

In accordance with specific conditions, the forms of management of leasing activities under consideration exist in time and space simultaneously, in parallel, forming various combinations in relation to any type of leasing.

Further development of organizational forms of leasing management is determined by trends caused by the laws of cooperation and concentration of production.

Cooperation of large financial holders represented by banks and insurance companies with enterprises producing machinery and equipment, as well as repair enterprises with direct consumers, will help overcome the inevitable difficulties of developing a leasing system for technical equipment in the current difficult conditions. It is possible, for example, to have equity participation of interested parties in the formation of specialized leasing companies with the involvement of the material and technical base of each of the participants and their receipt of profit in proportion to the invested capital.

Increased demand for technical equipment in the conditions of market formation leads to an increase in the volume of transactions carried out by leasing companies. More and more new technical equipment is being included in the leasing business. Hence the need arises for the consolidation of companies, their specialization, the creation of legally independent companies, in the contributions of which this joint-stock company will have a controlling stake. That is, we are talking about a transition to holding-type companies. It is the use of the holding model of building a company that the management of the BALTLEEZ association, now the NOMOS-Bank Group of Leasing Companies, considers to be a promising organizational form.

The functional structure of leasing associations and companies based on holding-type firms will significantly reduce the costs of leasing operations. For example, issues of advertising and publishing may well be the responsibility of the company that holds the controlling stake. The holding company may have a general customer research service. Issues of insurance of leasing transactions can also be resolved at the holding company level, subject to a contract with an insurance company.

New areas of activity of leasing companies will undoubtedly entail a complication of the organizational structure. A general principle emerges here - the organizational structure must be rebuilt taking into account the needs of the market, ensuring progress in the leasing business. Therefore we can say that
The organizational structure depends on the ownership of the parties involved, the scope of application of services, types of contracts, geographical area of ​​activity and other factors.

In general, it must always be remembered that an adequate organizational structure is an essential factor in the success of any leasing company.

When forming an organizational structure, it is necessary to resolve the issue of creating and proper organization leasing company, which means finding a normal composition of managers, creating a strong accounting service, etc. And for this it is necessary to find financial resources, select the right equipment and deliver it to the lessee, and then correctly account for it in the accounting documentation. In turn, in order to implement all of the above actions, it is necessary to properly organize the structure of the company.

As the leasing market formed in our country shows, large leasing companies existing on the market most often have an organizational form in the form of joint-stock companies, both open and closed, which are characterized by a list of management bodies, including:
- General Meeting of Shareholders;
- board of directors (supervisory board);
- sole executive body (general director, board);
- collegial executive body (executive directorate, executive director);
- liquidation and audit commissions;
- the counting commission is a permanent body of the general meeting.

Representatives of such companies are: OJSC RTK-Leasing, OJSC Avangard-Leasing, OJSC Glavleasing, OJSC Yugra Leasing Company, OJSC KAMAZ Leasing Company, OJSC Rosdorleasing, OJSC VTB-Leasing. , CJSC Atlant-M Leasing, CJSC KMB-Leasing, CJSC Lokat Leasing Russia, CJSC Goznak-Leasing, CJSC LK Medved, etc.

At the same time, the Law on Joint Stock Companies provides for the possibility of choosing various options for forming management bodies and their combination.

The practice of leasing companies indicates the existence of several options for organizational structure, the differences between which are as follows.

Option 1. Provides for the presence of two executive bodies. Along with the sole executive body, a collegial body (executive directorate, board) is formed, which is appointed by the board of directors at the proposal of the general director.

The main functions for the current management of the company's affairs are assumed by the executive bodies, with the role of the general director strengthened. The executive bodies may be delegated part of the powers of the general meeting, the delegation of which is permitted by law.

The functions of the chairman of the collegial executive body of the company are performed by the sole executive body of the company. This option allows the traditional status of a “strong” CEO to be maintained.

Option 2. Providing for a sole executive body, this option is more consistent with joint stock companies created during the privatization process, in which a controlling stake is in the hands of administration officials, that is, when the largest shareholders are executive directors.

The option retains the status of a “strong” general director, but involves the abandonment of a collegial executive body, which allows one to bypass the restriction contained in paragraph 2 of Art. 66 of the Law on Joint Stock Companies, regarding the fact that members of this body cannot constitute a majority on the board of directors. In the proposed scheme, any number of company officials can join the board of directors.

The Board of Directors assumes the functions not only of developing strategic decisions, but also of current operational management. There is no need to form a special collegial executive body. To strengthen his power, the General Director can use his traditional right to hold production meetings.

Option 3. Provides for the management of leasing companies by a hired manager. This option is typical and most popular among companies existing in countries with developing market economies. It was also common in Russia. As a rule, large joint-stock companies newly created with the participation of state capital hired foreign managers who were involved in business not for the first time and had highly qualified and vast experience in this field. However, hiring managers usually involves an expensive cost of their services, and these costs would be inadequate for a start-up leasing company. Under this option, the general meeting of shareholders elects the board of directors and its chairman. The Board of Directors appoints a sole and, if necessary, a collegial executive body.

This option is more suitable for newly established joint stock companies, where one of the founders owns a controlling stake. It is relevant when establishing subsidiaries. The founder does not have the opportunity to deal with operational issues of managing the commercial organization he created, but at the same time wants to ensure fairly strict control over its executive bodies.

The place of the “strong” general director elected by the general meeting in this scheme is taken by the chairman of the board of directors. An executive director is, in essence, a hired manager appointed by the board of directors with an annual renewal of his powers. The need to create a collegial executive body is determined in each case individually.

However, in the management structure of a leasing company, the positions of financial director, director for commercial issues and director for general issues are required, which, as a rule, exist in the structure of the board (directorate) of the leasing company.

Therefore, the most common option for forming an organizational structure among leasing companies, especially among large leasing companies, is the first. For example, the RTK-Leasing Group of Companies has such a structure.

The structure of the governing bodies of RTK-Leasing is traditional for Russian legal entities and is three-level: the general meeting of shareholders, the board of directors, and the sole executive body represented by the general director. In accordance with the charter, the supreme management body of the company is the general meeting of shareholders. Determining the company’s development strategy and monitoring the activities of its executive body are carried out by the board of directors, which is elected at general meeting shareholders.

In accordance with the legislation and the charter of OJSC RTK-Leasing, the board of directors exercises general management of the company’s activities. It is also this body that determines the priority directions for the company’s development, thanks to which the main guidelines for the activities of OJSC RTK-Leasing for the long term are established. The sole executive body of RTK-Leasing OJSC - the General Director - is a key element in the structure of the company's management bodies, which, in accordance with the law and the charter, is entrusted with the current management of the company's activities, that is, the implementation of the company's goals, strategy and policies. In his subordination, the General Director has a well-selected team of highly qualified specialists, without which it would be impossible to carry out successful activities in the field of leasing.

The above system corporate governance, applied by OJSC RTK-Leasing, is no less successfully implemented in the activities of subsidiary leasing companies. Such a well-known leasing company as Independent Leasing LLC has a similar structure, but with its own specifics. It is shown in Fig. 1 .

As can be seen from the figure, the corporate governance structure of the Independent Leasing company consists of two governing bodies: the board of directors and the management board. In particular, the board of directors determines the priority areas of activity of Independent Leasing and exercises control over the company’s activities. The Management Board provides direct operational management of the company.

The competence of the commercial director includes issues of marketing research of the leasing market, commercial intermediary operations, execution of contracts for leasing of technical equipment, study of foreign trade and leasing practice. An integral part of the commercial service of a leasing company is a staff of experts capable of conducting analysis and preparing conclusions about the technical level, development prospects, consumer properties and market opportunities of the company. (The neglect of these analytical services was, in most cases, the reason for the ineffectiveness of many established leasing companies.) It is advisable to include in the competence of the financial director issues related to the financial support of leasing operations, research of the market for borrowed funds, financial examination of contracts, as well as the determination of economic indicators of the leasing company’s activities and studying the clientele.

LK Element Leasing LLC has a similar structure, but with the specifics inherent in this company. Led by the General Director, who is directly subordinate to Commercial Director, executive director (who is not a deputy general director, unlike the structure of LK Independent Leasing LLC), manager of the general director’s office, financial director, legal support service and security adviser to the general director.

It should be noted that due to the growth in the volume of leasing transactions and the simultaneous growth in the number of leasing companies, leasing companies that are already established and enjoy great authority among lessees are actively working to expand the Russian regions. For example, all large leasing companies have at least 20 branches in various regions of Russia and the CIS countries. However, if the structure of the company's head office is not properly organized, this circumstance can lead to great difficulties. Therefore, their organizational structure must have appropriate structural units regulating the company's activities in the regions. This method was followed by the Interleasing Group of Companies (Interleasing LLC). Thus, in 2006, the Interleasing Group of Companies took measures to reorganize the company structure, which were required in connection with the dynamic development of the companies. The company presents a divisional-matrix structure shown in Fig. 2.

Thus, the organizational structure of a leasing company depends on the type of founders (shareholders) (banks, insurance companies, private organizations, etc.), the economic sphere of activity (industry, agriculture, trade, etc.), the type of contracts and goods (equipment , transport, mini-factories, real estate, etc.), areas of activity. Therefore, the construction of a leasing company must meet the goals and objectives of it and its founders, and we should not forget that the successful activity of a leasing company is determined by the rational construction of its internal organizational structure and the formation of an adequate system of management bodies.

Literature
1. Civil Code of the Russian Federation. Part two. Chapter 34 “Rent”, paragraph 6 “Financial lease (leasing)” // Collection of legislation of the Russian Federation. - 1994. - No. 32.
2. About financial lease (leasing): the federal law dated October 29, 1998 No. 164-FZ // Collection of legislation of the Russian Federation. - 1998. - No. 44.
3. On joint stock companies: Federal Law of December 26, 1995 No. 208-FZ // Collection of legislation of the Russian Federation. - 1996. - No. 1.
4. Financial leasing: Textbook. manual for universities / V.D. Gazman. - 2nd ed. - M.: Publishing house. House of State University Higher School of Economics, 2005.
5. Website of LC "Rosagroleasing". - Access mode: http://rosagroleasing.ru.
6. Adamov N.A., Tilov A.A. Leasing. - 2nd ed. - St. Petersburg: Peter, 2006.
7. Informational portal about leasing. - Access mode: http://www.Leasing-Forum.ru.
8. Website of LC "RTK-Leasing". - Access mode: http://www.rtc-leasing.ru.
9. Website of LC "Independent Leasing". - Access mode: http://www.indep-leasing.ru.
10. Website of LC “Element Leasing”. - Access mode: http://www.elementleasing.ru.
11. Website of LC "Interleasing". - Access mode: http://www.ileasing.ru.

As a manuscript

VASILIEV KIRILL NIKOLAEVICH

IMPROVING THE ECONOMIC MECHANISM

MANAGEMENT OF LEASING ACTIVITIES IN INDUSTRY OF THE RF

The dissertation can be found in the library of the Moscow Humanitarian University.

Scientific Secretary

dissertation council of E. I. Suslov

Relevance of the research topic. Improving the economic mechanism for managing leasing activities in Russian industry is one of a number of conceptual tasks that determine the prospects for the development of the country's investment policy in this specific industry. The solution to this problem is due to the need to develop a set of goals, methods and means for its most effective implementation. In market conditions, a powerful financial instrument modern economy becomes a leasing investment. Currently, according to Federal service state statistics of the Russian Federation annual turnover leasing operations in our country amount to more than 3 billion dollars or more than 5% of the total investment in fixed production assets. These also determine the modernity of a comprehensive study and improvement of the economic mechanism for managing leasing activities in the industry of the Russian Federation.

Scientific novelty dissertation research consists in clarifying certain provisions of the existing economic mechanism for managing leasing activities in the industry of the Russian Federation on the basis of developing a new methodological approach to improve it, taking into account the specific features of leasing and streamlining the process of regulating the leasing transaction.

The most significant scientific results , obtained personally by the author, possessing scientific novelty and submitted for defense, are the following.

5. The methodological tools for assessing the effectiveness of leasing relationships have been clarified and supplemented. Along with the traditional quantitatively measurable assessment of the effectiveness of leasing relationships, a modern approach to determining the qualitative characteristics of leasing relationships is proposed. The author proposes to evaluate leasing relations from the standpoint of effectiveness, quality of management and efficiency, which, together with financial and volumetric (quantitative) indicators, allow us to obtain an integral assessment of the effectiveness of leasing relations.

Relatively cheaper financing of capital expenditures

Due to economies of scale and/or market position, the leasing company can obtain financing at lower rates or offer more favorable financial terms.

Often Russian leasing companies are created by financial and industrial groups or banks for the purpose of modernizing group companies or optimizing taxation. As a result, their credit rating may be inferior to that of potential lessees.

Relative flexibility as a medium- and long-term financing instrument

Leasing involves 100% financing of the investment project and does not require immediate start of payments. Lease payments usually begin upon delivery of the property to the lessee.

When financing an investment project, leasing companies often require additional security in the form of sureties, buy-back guarantees, deposits, and a significant increase in the advance payment.

Possibility of reducing currency risks by fixing leasing rates.

There are currency risks, significant for the national currency.

The risk of equipment obsolescence falls entirely on the lessor. The lessee has the opportunity to constantly update its equipment.

Risks associated with equipment, including its obsolescence, are entirely transferred by the lessor to the lessee.

International practice

Russian specifics

Relative inflexibility of leasing terms

A sharp increase in sales volumes on the investment market.

Increasing supply and demand for investment objects. Outpacing growth of demand by supply.

Increase in prices for investment objects.

Increased income for investors and investment intermediaries.

Weakening

Relatively complete satisfaction of demand for investment objects with some excess supply.

Support for integration and cooperation at the municipal level.

Direct investment financing.

The development of JSC ShchLZ and, in general, the entire elevator construction industry in the Russian Federation is proposed to be carried out in accordance with the main directions of improving and implementing the economic mechanism for managing leasing activities in the country's industry. At the same time, it is especially recommended to pay attention to property repo (from the English repurchase agreement (REPO) - repurchase agreement), since it is a modern innovative leasing. He is able to solve the problems of short-term leasing financing of machinery enterprises construction industry. It is proposed to achieve this by using one of the main advantages of leasing over other financial instruments, namely, the title of ownership of the leased asset. Leasing (subleasing) with assignment of the contract will allow participants in leasing relations (enterprises in the engineering industry) to receive long-term cheap financing. This process will be provided with specific reliable tools that will allow optimizing leasing risks that arise when a large number of participants, including non-residents, participate in the leasing relationship.

In relation to the conditions of ShchLZ OJSC, the author has developed an innovative economic mechanism for managing leasing activities, operating on the basis of a synthesis of relevant and interrelated financial instruments, which are united by the conditions of urgency, payment and repayment Money. The introduction of this economic mechanism at JSC ShchLZ made it possible to put into operation new equipment supplied on lease in the amount of 38 million rubles, with a financing period of 3.5 years. Due to these activities, the plant in 2005 amounted to 21 million rubles. In the coming years, the company can successfully use the LP-6 series press for complex processing of complex contour products from various materials, including galvanized and, as well as guillotine production of the Dutch company "Darley", allowing for precise cutting of metal up to 6.5 mm thick. All this will ensure further growth of the net profit of JSC ShchLZ.

Thus, the developed scientific and methodological provisions and tools for their implementation when improving the existing economic mechanism for managing leasing activities in the industry of the Russian Federation can be used in Russian economy by all participants in the leasing market. This will expand and increase the attractiveness of leasing for new potential subjects of leasing relations.

IN conclusion Based on the results of the dissertation research, the main conclusions and proposals were formulated.

1. Using foreign and domestic leasing relations in the industry of the Russian Federation, the author sets out the essence, systematizes and main features of leasing relations.

2. In the dissertation research, the author analyzed the legislative Russian Federation regulating leasing relations. According to the author, at present a certain disadvantage of all legislative framework regarding leasing is the excessive laconicism of the Law “On Leasing”.

3. The author has proposed a modern description and structuring of leasing relations. The essence of this new concept consists in considering a leasing transaction from two positions: statically and dynamically. In general, this approach will, firstly, provide a clear understanding of the participants in leasing relations and the processes of interaction between them; secondly, it will make it possible to determine the effectiveness of the dynamic interaction of participants in leasing relations regarding the subject of the transaction.

The proposed concept of describing and structuring leasing relations is separately supplemented by the author with development methodological provisions sequence of implementation of the stages of the leasing transaction.

4. An important point dissertation research is to improve the risk management system of a leasing company. The research conducted by the author showed that in leasing terms, the initiator and main regulator of the leasing transaction should be the lessor. It is recommended that he be given responsibility for forecasting the risks of a leasing transaction.

5. The studies have shown that the currently implemented economic mechanism for managing leasing activities in the industry of the Russian Federation has a number of shortcomings. In connection with this, the author has separately developed new tools for its improvement. The proposed tools for improving the economic mechanism for managing leasing activities in Russian industry are divided into two categories.

The first category resolves issues of short-term lease financing. This includes property repo operations, which make it possible to provide lessees with financial resources. At the same time, here we use the main feature of leasing, namely, ownership of the subject of the transaction.

The second category addresses issues of long-term financing. At the same time, the participation of non-resident persons in the leasing transaction is assumed. These are foreign financiers, an equipment manufacturer, an export credit agency of the country of the equipment manufacturer. Despite the increase in the total number of participants, such a new economic management of leasing activities in the industry of the Russian Federation will make it possible, according to the author’s calculations, to obtain credit resources for a period of 5 to 10 years at an interest rate 3 times lower than the average market interest rate in Russia as a whole.

6. To improve the mechanism for managing leasing activities in the industry of the Russian Federation, the author separately proposes a system of qualitative and quantitative analysis. In general, this system is a toolkit for qualitative and quantitative assessment of any investment mechanism. Therefore, it can be implemented in other industries National economy Russia.

1. Vasiliev K. N. Main trends in the development of the telecommunications equipment leasing market in Russia in 2002-2003. // Third Interuniversity Scientific and Practical Conference of Young Scientists on Management and Business: Abstracts of reports of graduate students, students and teachers. – M.: National Business, volume 2, 2004. – p. 34 – 37 (0.3 p.l.).

2. Vasiliev K. N. Organizational transformations of leasing companies // Questions of research of financial and economic relations and market mechanisms: Collection of scientific papers. – M.: Moscow University for the Humanities Publishing House, 2004 – Issue. 6. – pp. 163 – 175 (0.3 pp.).

3. Vasiliev K. N. Qualitative characteristics of leasing development // Tenth International Scientific and Technical Conference of Students and Postgraduate Students. Abstracts of reports. In 3 volumes - M.: Moskovsky, volume 2, 2004. - pp. 251 - 252 (0.1 pp.).

4. Vasiliev K. N. Structuring a leasing transaction from the point of view of risk management of a leasing company // Fourth Interuniversity scientific and practical conference of young scientists on management and business issues. Abstracts of reports of graduate students, students and teachers. – M.: National Institute of Business, volume 2, 2004. – p. 69 – 72 (0.3 p.l.).

5. Vasiliev K.N. leasing in the construction industry // . – 2005 No. 1 (552). – pp. 17 – 23 (0.5 pp.).

6. Vasiliev K. N. Features of leasing road construction equipment // equipment, technologies of the XXI century. – M.: Composite, 2005 No. 2 (73). – pp. 36 – 38 (0.8 pp.).

7. Vasiliev K. N. The influence of leasing efficiency on the economics of a leasing transaction // Scientific works of graduate students and doctoral students 2005*3. – M.:

Determine the essence of the enterprise being created, the subject area of ​​its activity; determine the mission of the enterprise and the main goals of its activities; develop organizational structure and management structure of the enterprise; establish coordination flows in the organization;


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