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§714.3. Must you own the leased property in an indirect leasing arrangement?

12 C.F.R. § 714.3

You do not have to own the leased property in an indirect leasing arrangement if:
(a)
You obtain a full assignment of the lease. A full assignment is the assignment of all the rights, interests, obligations, and title in a lease to you, that is, you become the owner of the lease;
(b)
You are named as the sole lienholder of the leased property;
(c)
You receive a security agreement, signed by the leasing company, granting you a sole lien in the leased property and the right to take possession and dispose of the leased property in the event of a default by the lessee, a default in the leasing company's obligations to you, or a material adverse change in the leasing company's financial condition; and
(d)
You take all necessary steps to record and perfect your security interest in the leased property. Your state's Commercial Code may treat the automobiles as inventory, and require a filing with the Secretary of State.
Notes, amendments, and revision history

Authority

Authority: 12 U.S.C. 1756, 1757, 1766, 1785, 1789.

Source

Source: 65 FR 34585, May 31, 2000, unless otherwise noted.