of April 22, 2003 No. 9
About finance lease (leasing)
This Law regulates legal, organizational and economic basis of finance lease (leasing) (further - leasing) and is directed to protection of legitimate rights and interests of subjects of leasing.
Operation of this Law extends to the relations of leasing activities and leasing of the property relating to not used things, intended for temporary ownership and use in the entrepreneurial purposes.
In this Law the following basic concepts are used:
- leasing - set of the organizational, economic and legal relations connected with leasing agreement performance;
- financial leasing - type of leasing after which termination of term, the property right regarding leasing, according to the agreement, can pass to the leasing recipient;
- operational leasing - leasing type, later, of the termination of term of which, subject of leasing does not carry over the leasing recipient and returns to the lessor;
- returnable leasing - type of leasing according to which, the leasing recipient sells the property to the lessor on condition that the lessor will lease further this mushchestvo the leasing recipient;
- leasing activities - type of investing activities on property acquisition and its transfer to leasing;
- additional services (works) - the services (works) rendered by the lessor or the seller prior to use and (or) in the course of use of leasing subject to the leasing recipient, connected with implementation of the agreement of leasing.
- No. 2111 is excluded according to the Law of the Republic of Tajikistan of 13.11.2024
The legislation of the Republic of Tajikistan on leasing is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan
Any, inconsumable things, including the companies and other property complexes, buildings, constructions, the equipment, vehicles and other personal and real estate which can use for business activity can be subject of leasing.
The parcels of land and other natural objects, and also property which free turnover is limited or forbidden, or for which the special procedure for the address is established cannot be subject of leasing.
Restriction or prohibition of free turnover of property, including, special procedure for turnover of property, are established by the legislation of the Republic of Tajikistan.
Subjects of leasing are:
- the lessor - the individual entrepreneur or the legal entity who at the expense of the raised own funds acquires during implementation of the agreement of leasing in property property and presents him as leasing subject to the leasing recipient instead of certain funds for certain term and under certain conditions in temporary ownership and in use with transition or without transition to the leasing recipient of the property right regarding leasing. The commercial organizations according to the legislation of the Republic of Tajikistan and constituent documents can create the leasing companies performing only functions of the lessor;
- the leasing recipient - the physical person or legal entity accepting on the basis of certain conditions object of leasing in temporary ownership and use;
- the seller - the individual entrepreneur or the legal entity who according to the agreement sells to the lessor in the caused time the property which is leasing subject. The seller can act at the same time as the leasing recipient within one leasing legal relationship.
Can be the subject of leasing both residents, and nonresidents of the Republic of Tajikistan.
Leasing types:
- financial leasing;
- operational leasing;
- returnable leasing.
One of the types of leasing specified in part one of this Article shall be provided in the agreement of leasing. Determination of the seller of property by the lessor is as agreed by the parties allowed.
Leasing in which both the lizingotsoluchatel and the lessor are residents of the Republic of Tajikistan is considered internal leasing and leasing in which one of subjects is nonresident of the Republic of Tajikistan is considered international leasing.
Subleasing - type of leasing in case of which the leasing recipient under the agreement of leasing gives to the third parties (to leasing recipients under the agreement of subleasing) the property received earlier from the lessor under the agreement of leasing and constituting leasing subject, in ownership and use for a fee and in time in accordance with the terms of the agreement of subleasing.
In case of cession of property into subleasing the right to claim to the seller under the agreement of subleasing passes to the leasing recipient.
It is excluded according to the Law of the Republic of Tajikistan of 02.01.2019 No. 1580
The term of subleasing shall not exceed the term of the leasing established by the agreement of leasing.
The agreement of leasing is signed in writing and is subject to notarial assurance.
For accomplishment of the agreement obligations of leasing, subjects of leasing sign obligatory and additional contracts.
The agreement under which the property is transferred from the seller to the lessor belongs to obligatory agreements. The agreement on attraction of money, the agreement of pledge, the agreement of guarantee, the guarantee agreement, etc. belong to additional agreements.
The agreement of leasing shall determine:
subject of the agreement;
procedure for delivery and acceptance of property;
rights and obligations of the Parties;
use of property, leaving, repair and modification;
leasing term;
leasing payments and penalties;
responsibility of the parties;
procedure for the dispute resolution;
conditions of early agreement cancelation;
actions of the parties for completion of the transaction;
force majeure;
- legal addresses and bank details;
- other conditions
The agreement of leasing can include conditions on rendering additional to carrying out extra works.
The list, amount and cost of additional services (works) are determined by the agreement of the parties.
By agreement of the parties in the agreement of leasing also other conditions of leasing can be determined.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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