Wednesday, 15 July 2015

THE IMPACT OF LEASING ON THE FINANCING OF SMALL SCALE INDUSTRIES

CHAPTER ONE
INTRODUCTION
1.1      Background of the study
A lease is a legally enforceable contract which defines the relationship between an owner, the lessor, and a renter, the lessee. A typical lease spells out all of the terms involved in a land or merchandise rental agreement, including the length of time a lessee may use it and what condition it must be in upon return to the lessor. The amount of payments and any financial penalties for late payments may also be included in a contract. Most consumers encounter a lease when renting housing or leasing a car. It can be very short-term (a few weeks or months), or it can be extended for a number of years. Many small businesses and retail stores have agreements for 10 years or more, and renewal may just be a formality. Apartment renters, however, rarely sign a contract extending past one year of occupancy. Those who lease vehicles usually sign two-year agreements as opposed to five-year financing plans for buyers.  An agreement protects both the lessor and the lessee. The lessor knows that a legally binding contract obligates the renter to make regular payments throughout the life of the lease. The lessee knows that he or she has full rights to the property without fear of sudden seizure or eviction. A lease also guarantees that the original rental terms will not change until the contract has expired.
            A lease arrangement does not always guarantee smooth sailing between landlord and tenant, however. Unlike a mortgage between a bank and homeowner, the contract between landlord and tenant can contain a number of restrictions. Renters and leasers are not owners, therefore the property is always subject to scrutiny by the landlord and/or titled owner. If certain conditions are violated, such as an unauthorized pet or a sanitation problem, the lessor can decide to terminate the agreement.
      Another consideration is the length of the lease itself. Some renters sign longer leases in order to reduce monthly payments, only to encounter a more appealing situation long before the end of the agreement. A lease may allow lessees to legally break the terms if a new job is located 50 miles away or more, but in general the renter may have to honor the entire term. Some lessees may find someone willing to continue the rental obligation without a lease — a practice called subletting. Some landlords allow tenants to sublet, but it's not always a viable option. The important thing to understand about a lease is that it is a binding legal agreement and you should be aware of all the conditions before signing.
A finance lease is a lease that transfers substantially all the risks and rewards incidental to ownership of an asset. Title may or may not eventually be transferred. An operating lease is a lease other than a finance lease. A lease is classified as a finance lease if it transfers substantially all the risks and rewards incidental to ownership. A lease is classified as an operating lease if it does not transfer substantially all the risks and rewards incidental to ownership.
     Whether a lease is a finance lease or an operating lease depends on the substance of the transaction rather than the form of the contract. The legal form of a finance lease is that the lessor is the legal owner of the leased asset. The economic substance of a finance lease is that the lessee has all the benefits and costs associated with ownership of the asset. The finance lessee is in the same position as it would have been if it had borrowed money to buy the asset itself. That is why such leases are called finance leases; they provide finance for the use of an asset. If the lessor includes this term in the lease the lessor knows that when the asset is given back to it at the end of the lease, the asset will only have a small value.
        Therefore the lessor knows that it needs to make sure to recover the cost of the asset together with any related interest during the lease term. The rentals are set at a level which allows it to do this. The lessee will pay the full cash price of the asset together with related finance expense over the lease term. The lessee would only do this if it had access to the risks and benefits of ownership. In substance, this is just like borrowing the cash and buying the asset. Therefore, the lease is a finance lease.
1.2   Statement of the problem
Contrary to what obtains in many development nations, leasing is relatively a new financing option in Nigeria. If we look at the exiting financing device or option open to small-scale enterprises shows that small-scale enterprise experience a chronic storage of institutional credit which ordinarily should form the bulk of their finance. This situation calls for remedy, and the researcher believes that leasing could be encouraged and promoted to satisfy to a great extent, the financing needs of small enterprises.
        For instance in Cross River State, the government has evolved measured to alleviate poverty through various agricultural projects, upgrading the status of some markets, providing and developing tourism capacity building, skills acquisition and empowerment of people. On observation of the entire state, it is discovered that small businesses are on the increase, ranging from G.S.M operators, barbing and hairdressing salons, to mention but few. But it is shocking that their gain are not easily recognized or felt in the economic advancement of the state.
    This can be attributed to some bottleneck, such as difficulty in accessing micro finances, inadequate management, lack of experience and skill personnel especially in compiling a convincing feasibility study and work plan, market competition, inadequate capital and many other problems (Akakaye, 199:112).


    Considerable researches has been conducted on small-scale industries, but non has been direct at empirically evaluating their influence in Cross River State, hence their study is undertaken with the aim of using some of the industries indicators to assess the presence of small-scale industries in the state and their financing to the small-scale industries in the state.

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