船舶融资租赁合同及风险防范(英文)

日期:2018-09-13 / 人气: / 来源:http://www.rzfanyi.com/ 作者:译声翻译公司

  ship finance lease contract framework for risk prevention

  Ship finance lease transactions, contractual relationship, would not fall under the scope of traditional financial leasing contracts, but in practice play an important role of mortgage contracts and insurance contracts are also included in the study perspective, and thus a complete display of shipping finance lease transaction, the contract structure. On this basis, analysis of ship finance lease transactions face a special risk, and suggest preventive measures and legislative proposals.

  1, ship leasing of the shipping industry and the importance of its development 

  The shipping industry is a capital-intensive industries, a huge amount of investment, return on investment a long period, the rate of return of instability to operate a higher risk. Thus, capital investment has constrained the development of the shipping industry, a key factor. Since the 20th century, 60 years, the ocean shipping business generally begin to acquire mortgage loans from commercial banks as a way to solve the problem of funding the acquisition of vessels. But in the 20th century, 80 years, 'Basel II' introduced, the banking environment has undergone major changes. At the same time as the Third World debt crisis, as well as the late 20th century 80 real estate crisis, the bank's asset quality deteriorated significantly. In this environment, the banking industry can only limit the number of risky assets and increase their profitability. So many banks to withdraw all or part of the risk weights for high shipping industry, leading to a large number of funding shortfall. The shipping industry needed to find new sources of funding and the creation of new financing techniques. The new financing instruments, including export credit, financial leasing, issuing shares, issuing bonds. Of which finance lease in this way, due to financing long-term, low cost, large cash flow characteristics, in the shipping finance increasingly widely used. 

  Leasing began in the 20th century, 50 years, in order to melt material means to achieve the purpose of financing, the financial capital and industrial capital of mutual penetration, combine and expand the product of commercial credit and bank credit a combination of a new mode of financing. Finance leases are fully applied to the ship in foreign financing, cross-border financial leasing has become a developed country by exporting capital to developing countries to use foreign investment to solve the shortage of foreign exchange funds an important way to the fleet of structural adjustment in developing countries of great significance. 

  China is a maritime power, China's foreign trade import and export of goods by shipping more than 80% complete. China's current fleet faces the problem of aging ships, need to update the ship, adjust the fleet structure, which will undoubtedly require huge amounts of money for their support. However, since 1981, the State Council decided on from the original shipping company plans to allocate funds into corporate lending. And since 1995, the PBC lending rate for all businesses to implement uniform standards for vessel shipping enterprises no longer enjoy any preferential loan rates, and since 1993 the implementation of after-tax repayment. Thus, loans to commercial banks through the intermediation of funds, the cost is high. Meanwhile, in China's current stock market, the shipping company by issuing shares or bonds is difficult to fully meet the financing needs. In this context, the use of financial leasing to raise funds to renew the ship is undoubtedly an ideal choice. As the ship finance lease is usually achieved through a series of contracts and, therefore, study the structure of the ship finance lease contracts, and transactions of various risk prevention, in the context of the existing maritime economy and has important theoretical and practical significance. 

  2, ship finance lease transaction and the contract structure 

  (A) the ship finance lease structure of the core contract 

  Ship finance lease include a range of contractual transactions. First, choose from the charterer ships and the seller, after which the lessee by the lessor according to the choice of signing the seller ship the ship contract for the sale. The lessor to buy the ship after the lessee signed a bareboat lease contract, the agreed time, the ship used by the lessee, the lessor to receive rent in the form of installments to recover the ship cost, interest and profits. Lease expires, according to mutual agreement, the lessee the right to choose to stay purchase, renewal or return shipping. 

  Based on the above transaction process, ship leasing involves at least two contracts with the three parties. The contract is two ships bareboat contract for the sale and lease contracts; three parties including the seller ships, ship the buyer (lessor) and the ship charterer. Staggered between the two contracts, rights and obligations of the parties is also the tripartite influence each other. For example, although the seller ships the buyer (lessor) signed a contract for the sale, but the lease contract the lessee should be the delivery of the ship. The seller did not fully perform the contract, the lessee under certain conditions, can apply directly to the seller the right to claim that the lessee enjoys the right to contract for the sale of part of the buyer. In addition, the parties should not arbitrarily change the contract for the sale contract for the sale of ships related to the contract with the lessee. 

  Ship sale and purchase of ships and ship financing lease constitutes the core of hire-purchase transactions, sales contracts and leasing contracts also constitute a legal relationship of shipping finance lease structure of the core of the contract, which is leasing and other financing transactions not make much difference. However, due to shipping finance lease is based on the ship as the subject of this particular ship makes the ship leasing movable property leasing than ordinary legal relations more complex, in addition to the above-mentioned framework, the core of the contract and wishes to the successful completion of ship finance transactions, but also need to consider external contract structure. 

  (B) the periphery of the ship finance lease contract structure 

  Ship finance lease structure of the periphery of the contract include the loan contract, guarantee contracts and insurance contracts. Ship more common in leveraged finance leases in the lease, for example, usually by a lessor self-purchase 20% -30% of the capital ships, and the rest to the bank loan, and usually the ship as collateral, while the transfer of right to receive the rent as security. As the ship sailing in the world, its operational risk is much higher than normal finance lease in the equipment, so should be carefully arranged insurance. Loan contracts, guarantee contract with the insurance contract is the successful completion of shipping finance lease transaction, an important guarantee for the external form of shipping finance lease contract structure. 

  loan contract 

  Whether the construction of new ships, or buy second-hand ships, ship acquisition costs are a huge expenditures, the finance lease the lessor to purchase the ship, also need to arrange for financing. In the leveraged lease, usually by a lessor to the bank loan to raise funds, which requires the signing of loan contracts with banks. The main provisions of the loan contract loan amount, repayment period and manner, loan interest, and by way of security and so on. 

  guarantee contract 

  Be able to ensure the safety of funds is one of the key issues of financing transactions, so by way of security selection and arrangement naturally become the parties, in particular the focus of attention by the lender. Ship finance lease the lessor for the smooth intermediation of funds, in practice, usually by way of security the following: (1) third-party guarantee. Letter of Guarantee issued by a third party, namely, the lessor by a third party guarantees the timely payment of amounts due and interest. Third-party guarantees in nature is 'Guarantee Law' guarantees under the contract, belongs to a human security. (2) rental transfer agreements. The lessor leased to the lessee to buy the ship after the light will be on a regular basis to receive rental income that the rental income can be used as repayment guarantee. (3) The ship mortgage contract. Ship financing in the purchase, the most convenient way of security, is to ship as collateral purchased, signed mortgage contracts. If the borrower fail to make payments, the lender may be a priority claim on the value of the ship. 

  insurance contracts 

  As the ship sailing at sea, operating when a huge risk, the parties usually insurance to spread the risks. In ship leasing, in accordance with the provisions of the law, as well as bareboat lease contract agreement, the lessee shall be in accordance with the contract value of the ship to the lessor agreed-insurance insurance for the vessels, and the burden of insurance costs. 

  In addition to the lessee of the ship hull insurance coverage, the lessor can expect rental income insurance. Bank as lender and the mortgagee, for their own interests can also be insured, to counter the risk of uncertain future caused by borrowers unable to repay the loss of time. 

  3,ship finance, leasing special risks 

  Compared with ordinary party leasing, ship lease financing a party the burden of a number of additional risks, in addition to facing the ship may encounter during the voyage of the shipwreck, we should also bear the following specific risks: reposted elsewhere on the Free Paper Download Center http://

  (A) political risk 

  Ship sailing around the world, may in some countries for political reasons the port of detention, expropriation or confiscation, or were trapped in a theater can not leave. At this point the ship is equivalent to a total loss, no doubt will ship financing leases an impact on the interests of the parties. 

  (B) the ship owner liability risk 

  In the lease period, ownership of the lessor to enjoy the ship, it will bear the international conventions and domestic law, lessons are given in the owner's duties and responsibilities. For example, under 'Convention on Civil Liability for Oil Pollution' bear the liability for oil pollution damage; if the ship sank, we must assume the obligation to salvage, or the burden of mandatory salvage costs; IS Code to abide by the requirements of international conventions such as properly equipped ships. Ship finance lease in the lessor to finance the main business, its lessons are given in the owner of many duties and responsibilities is clearly not the parties would like to see. 

  (C) the confiscation of the risk of 

  In the operation of the ship during a maritime lien may have enjoyed the security of maritime claims, maritime claims will normally be by applying for arrest of a ship to claim the rights. Ships are subject to judicial seizure, and if the owner or charterer of the ship failed to provide appropriate security, ships will be justice for auction. If the maritime lien secured a huge amount of maritime claims, the ship mortgagee's interests will be seriously affected, that is, ship finance leasing companies and banks will bear the operation of the ship arising from high risk. 

  The existence of a number of risks, making financial leasing companies and banks investing in financial leasing, when worried about the ship, ship finance lease that is not conducive to the promotion of financing. To give full play to the ship financing lease financing role in shipping, they should take all measures to prevent risks. 

  4, ship finance, leasing risk prevention measures 

  The ship finance leases risks borne by the parties, some can be spread through insurance, such as war risk insurance for the ship to be effective in guarding against political risk. Who can not be spread through insurance risk, you need to take other measures to prevent or circumvent measures.

  (A) risk prevention contractual arrangements 

  Ship finance lease transactions are through a series of contracts to complete. In a complex contract structure, the interests of the parties have their own aspirations, but also all bear a certain risk. Comprehensive contractual arrangements for proper rights and interests of the parties can be balanced with the risks that the parties can pursue to achieve their own interests, while limiting the risks manageable in order to achieve win-win. 

  For example, in order to effectively reduce the political risk, in the bareboat charter contract should provide for an appropriate regional context of navigation, you can prohibit a ship heading for high-risk or sensitive areas. In addition, the bareboat lease contract should specify the lessor for the financing of ship-to-ship set to buy a mortgage, while mortgage lenders in the contract should be made clear to enjoy the first ranking of the mortgage repayment. With regard to the issue of insurance of ships, in the bareboat charter contract is usually agreed, when the actual total loss occurs to a ship or constructive total loss, all of the insurance indemnity payable to the owner by the owner according to the interests of shipowners and charterers the number allocated. In the leveraged finance lease in order to protect the interests of the lender, you can at the same time the signing of loan agreements entered into an insurance assignment agreement that provides for the transfer of rights and benefits under the insurance on the lender. 

  To sum up, in the ship financing transactions, the contract structure, the concept of balance between rights and interests should be used to analyze costs, risks and benefits how to equitable distribution between the parties, so that the rights and obligations of the parties to obtain dynamic equilibrium.

  (B) to prevent the risk of legislative proposals 

  Protection of shipping finance lease transactions in the interests of all parties registered to conduct effective way is through publicity, but our 'Maritime' only provides bareboat charter registration of ships has not yet set up a special registration system for leasing, it is difficult to effectively protect the ship rental people's interests. For example, a lessor bareboat charter boats in the delivery should be handled carefully to make the ship seaworthy, and to the delivery of the ship is suitable for the use of contract, and in the financing lease in the lessor does not undertake the obligation, usually the seller ship directly to the tenant were delivered. 

  Therefore, in the 'maritime law' should be added for the provisions for registration of the ship finance lease, clear registration of the ship finance lease conditions for registration, registration procedures, and registration and so on. The publicity and credibility through the registration and better protection of the parties, especially the financing lease in the lessor's rights. Reposted elsewhere in the paper for free download

文章来源:http://www.rzfanyi.com/9792.html
Tag推荐:  
翻译术语相关问答
问:为什么数字、字母也要算翻译字数?
答:根据中华人民共和国国家标准GB/T 19363.1-2003 对翻译行业服务规范的要求,中文字数统计是以不计空格字符数为计算单位的。而数字、字母也是包含在其中。而对翻译公司来说,数字和字母也要算翻译字数的原因还包括以下两个方面: 首先,我们的收费都是根据国家颁布的翻译服务规范来收取翻译费用,对待收费我们都是统一对待的,其次,数字和字母也是文章中的一部分,特别是在一些商务文件中,数字就是文件的主题,所以也是一样要收费的。 另外,纯数字字母需要核对、录入,比翻译一个词语更麻烦,翻译是大脑里面概念形成的,而纯数字字母是要严谨的核对、录入才能实现的,这将会花费更多的时间,所以我们会把数字和字母也算成字数。 但是有一种情况除外,如审计报告里面那种数据很多而且又不需要我们翻译可以直接保留的,这部分我们可以不计算在内。
问:如果翻译的稿件只有几百字,如何收费?
答:对于不足一千字的稿件,目前有两种收费标准: 1)不足一千字按一千字计算。 2)对于身份证、户口本、驾驶证、营业执照、公证材料等特殊稿件按页计费。 提供一个网站的网址,能够给出报价吗? 对于网站翻译,如果您能提供网站的FTP,或您从后台将整个网站下载打包给我们,我们可在10分钟内给出精确报价。同时,只要您提供原始网页文件,我们会提供给您格式与原网页完全一致的目标语言版本,可以直接上线使用,省却您的改版时间。
问:你们是怎么进行翻译的?
答:全程为人工翻译,无论项目大小,皆经过翻译、编辑、校对、排版、质控等流程。
问:请问怎样才能收到准确的翻译报价?
答:当我们看到您的全部文件时,我们会及时给您提供正式的报价单。我公司承诺我们的价格是行业内最具性价比的。
问:翻译服务为何要收定金
答:一般企业之间初次合作都是需要先支付定金,不仅仅是翻译行业。每个客户翻译的文件资料都是独一无二的,试想翻译公司给A客户翻译好的一份合同我们还能卖给B客户吗,这是不大可能的,所以如果在翻译过程中取消订单会给翻译公司带来很大的损失。合同定金这些也可以体现一家公司管理的严谨和正规。特殊情况下也可以要求业务员向公司申请不收取预付款,不过为了我们这边能安安心心地无后顾之忧的做好您的文件,还是尽量按正规流程来走吧。
问:为什么以“字符数(不计空格)”为统计标准而不是“字数”或者“中文字符和朝鲜语单词”?
答:以“字符数(不计空格)”已经普遍成为翻译行业字数统计的标准。在进行文章的字数统计之前,我们建议客户或者自动删去不必要进入统计的英文字符。剩下的汉字部分,包括标点符号和上下标都需要进入字数统计。因为我们处理的文章作为整体,标点符号是可以决定句子意思的元素,也就是说我们同样将标点符号的意思考虑进译文中了。化学式,数学公式上下标细节我们也都会考虑,并负责耐心的在译文中准确的书写,而处理这样的符号丝毫不比翻译更节省时间。我们建议作者将不需要翻译的内容包括符号尽可能删去,这样将使得字数统计更加合理。
问:是否可以提供免费试译?
答:可根据整体项目的翻译量为您提供300字左右的免费测试服务。客户需提供详细的公司信息,包括邮件、联系方式及联系人。
问:翻译员的经验与资格?
答:译声翻译公司每位翻译员都经过严格的筛选(基本要求外语系本科以上学历,5年以上翻译经验)、并兼具认真仔细的工作作风,不允许有丝毫的疏忽,并确保译文流利,每一位翻译都有自己擅长的专业知识领域以确保译文的专业性。并且大部分译员都拥有1-2级笔译口译证书,有些还是海外证书等国际公认的译员。
问:怎么理性看待翻译公司给出的报价?
答:我们可以用笔译项目为例分析一下成本,生产直接成本:优秀的译员难得,现在满世界都是自称英语很好的人,包括很多专业八级,但翻译能做得好的人寥寥。物以稀为贵!项目管理和运营成本:好的项目管理和客服人员也是好的服务所必不可少的,他们能准确把握客户的需求,实施规范的项目流程,因此对他们的语言、沟通以及项目驾驭和软件使用能力都有较高的要求。 生产流程的每个环节要不折不扣地执行都会发生相应的成本,比如TEPQ(翻译+校对+编辑+质保),如果是通过翻译公司偷工减料缩减流程而换来的低价,最终损害的还是客户自己的利益。
问:如果翻译的稿件只有几百字,如何收费?
答:对于不足一千字的稿件,目前有两种收费标准: 1)不足一千字按一千字计算。 2)对于身份证、户口本、驾驶证、营业执照、公证材料等特殊稿件按页计费。

上一篇:专利技术转让合同翻译(中英文) ← 下一篇:没有了 →

相关阅读 Related

现在致电 158-9898-6870 OR 查看更多联系方式 →

Go To Top 回顶部
  • 扫一扫,微信在线