China News Service, Chongqing, November 10 (Liang Qinqing) The Chengdu-Chongqing Financial Court issued a legal risk prevention reminder for financial leasing disputes on the 10th, summarizing common legal risks in financial leasing transactions and continuing to optimize the financial business environment of the Chengdu-Chongqing twin-city economic circle. The reminder stated that lessees are advised to carefully select transaction objects and transaction models, and be wary of marketing rhetoric such as "zero down payment" and "ultra-low interest rates."
The Chengdu-Chongqing Financial Court is my country's first specialized court with centralized jurisdiction over financial cases across provinces. It has jurisdiction over relevant financial civil and commercial and financial-related administrative cases within the Chengdu-Chongqing Economic Circle within the Chengdu-Chongqing Economic Circle in Chongqing and Sichuan Province.
Financial leasing has the characteristics of both financing and property financing, and demonstrates the unique advantages of integrating industry and finance with the dual functions of asset allocation and asset financing. Within the Chengdu-Chongqing twin-city economic circle, financial leasing has outstanding performance in terms of institutional agglomeration and regional investment concentration, and has become one of the most dynamic financial formats. At the same time, with the expansion of business scale and innovation of business models, financial leasing disputes have increased significantly.
From January 2023 to August 2026, the Chengdu-Chongqing Financial Court accepted a total of 1,176 first and second instance cases of financial lease disputes, and concluded 1,103 cases, with a settlement ratio of 93.79%. Judging from the types of transactions involved in litigation, several types of transactions, such as vehicle financial leasing, financial leasing carried out by sale and leaseback, financial leasing carried out by relying on partners, and financial leasing carried out in off-site business development, are involved in more lawsuits. Problems such as fictitious leased property, high financing at low value, and irregular business behavior of partners are more prominent.
The reminder issued this time provides tips on legal risk prevention from eight aspects, running through the entire process of the conclusion, performance and termination of a financial lease contract.
In the contract conclusion process, focus on preventing three types of risks: the nature of the legal relationship, the validity of the contract, and the terms of the contract. In the contract performance process, we focus on preventing three types of risks: excessive rents and interest charges, cooperation with third parties, and financial lease registration. In the default resolution process, the focus is on the risks caused by taking back the leased property.
In addition, financial leasing of computing power equipment is an important entry point for the financial leasing industry to serve the digital economy industry and promote the development of new productivity. It also helps the industry expand new tracks of technology and finance, optimize asset structure, and cultivate new momentum. However, some of the businesses involved often face uncertain factors such as technological iterative upgrades, asset value fluctuations, and changes in market supply and demand. In transactions in which computing power equipment is leased and computing power service accounts receivable are pledged as credit enhancement measures, focus should be placed on the legal risks involved in the verification, registration, and notification of accounts receivable to prevent the failure of relevant credit enhancement measures.
The reminder letter puts forward targeted suggestions to financial leasing market entities based on the above-mentioned legal risks discovered in trial practice.
For financial leasing companies, it is recommended to optimize the business structure, strictly review whether the leased property is real, specific and negotiable, and ensure that the transaction has both financing and property financing properties. Standardize the text of the contract, determine the rights and obligations of both parties fairly and reasonably, and fulfill the obligation to provide explanations of standard clauses in accordance with the law. The trading model should be clear and avoid excessive complexity. Strengthen corporate risk control measures, handle registration in a timely manner in accordance with the law, and ensure accurate registration information.
For lessees, it is recommended to carefully select transaction objects and transaction models, carefully verify the business qualifications of the lessor, distinguish between different transaction models such as direct lease, sale and leaseback, and mortgage loans, and be wary of marketing rhetoric such as "zero down payment" and "ultra-low interest." Carefully review the terms of the contract and retain evidence, pay special attention to key terms such as rent composition and liability for breach of contract, seek professional advice when necessary, and do not trust verbal promises.
