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Accepted at the twenty fifth plenary session of Inter-parliamentary Assembly of the State Parties of the CIS (The resolution of April 14, 2005 No. 25-6)

MODEL LAW

About leasing

The purposes of this Law are development of forms of investments on the basis of leasing, protection of the property rights, rights of participants of investment process, ensuring efficiency of investment.

In this Law legal and organizational and economic features of leasing are determined.

Chapter 1. General provisions

Article 1. The basic concepts used in this Model law

In this Law the following basic concepts are used:

leasing - set of the economic and legal relations arising in connection with implementation of the agreement of leasing including with acquisition of subject of leasing;

the agreement of leasing - the agreement according to which the lessor shall provide for a fee in temporary ownership and use to the leasing recipient the property acquired by it according to the purchase and sale agreement in property at the seller (supplier) at the choice of the leasing recipient for the purpose of profit earning, the income or achievement of other useful effect. The agreement of leasing can provide that the choice of the seller (supplier) and acquired property is performed by the lessor;

leasing activities - the type of business activity connected with investment of own and (or) raised funds of the lessor (investments) for property acquisition and its transfer to leasing;

leasing term - the term for which the subject of leasing is provided to the leasing recipient in temporary ownership and use according to the agreement of leasing.

Article 2. Leasing subject

1. Subject (object) of leasing - any personal and real estate relating on the established classification to property, plant and equipment (funds) or to separate groups of intangible assets according to the national legal system except prohibited by the national legal system to the address in the markets or for which the special procedure for the address is established. The subject of leasing cannot be used during leasing term for personal, family and domestic needs.

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