Lease Policy

If you offer your clients abroad lease solutions for capital goods manufactured in the Netherlands, you may be eligible for a Lease Policy from Atradius Dutch State Business.

 

 

 

 

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The policy covers the risk of non-payment of the instalments due to you under your lease contract.

Risks Covered

The appropriate lease policy for you depends on the type of lease. For financial leases we offer comprehensive cover. For operational leases we offer restricted cover (if desired, in combination with expropriation risk cover). 

Financial Lease (Comprehensive Cover)

When you lease Dutch capital goods to clients abroad and the clients (lessees) are to assume ownership of the leased asset after paying the last lease instalment, this type of lease is known as a financial lease. We offer comprehensive cover for financial leases. This covers the non-payment risk for all the lease instalments. We will indemnify you if your client is in default due directly to political or commercial reasons. The risk of expropriation is covered under both versions of our Comprehensive Cover Lease Policy. Indemnification will be paid after the waiting period. This is usually three months but may be longer in some cases. The two versions of our Comprehensive Cover Lease Policy are:

  1. Comprehensive Cover Lease Policy General Terms and Conditions
  2. Comprehensive Cover Lease Policy for Financiers General Terms and Conditions

Under the Comprehensive Cover Lease Policy for Financiers  you will be indemnified for all unpaid lease instalments, even if you are not able to repossess and/or resell the leased asset.  As soon as the leased asset has been repossessed and subsequently sold, the proceeds of the sale will be deducted from the claim for damages.

Under the Comprehensive Cover Lease Policy you will be indemnified for all unpaid lease instalments only if you are not able to repossess the leased asset. As soon as the leased asset has been repossessed, the current market value will be deducted from the claim for damages losses. Under this policy you will be responsible for selling the repossessed lease asset for at, at minimum, the established market value.       

Operational Lease (Restricted Cover and Expropriation Risk Cover)

When you lease Dutch capital goods to clients abroad temporarily and the clients are not to assume ownership of the leased asset, this type of lease is known as an operational lease. For operational leases we offer restricted cover, which can be supplemented with expropriation risk cover if desired.

The Restricted Cover Lease Policy initially covers the first nine instalments due under the lease agreement. Each time an instalment is paid on time, the cover will be extended to include the next, previously uncovered instalment. The reason for this is that, as soon as a client is in default (for a longer period of time), the lease company is to repossess the leased asset and lease it   to another client.

Under an operational lease contract you run more risks than only the risk of non-payment. Another risk is that you cannot repossess the leased asset - to which you have legal title - due to expropriation of the asset during the term of the lease or an export ban upon the lease’s expiry. Expropriation risk can be insured in combination with a Restricted Cover Lease Policy

It is also possible to take out a separate insurance policy for this risk alone.

Assessment procedure

There are two main assessment procedures for lease policy applications:

  1. standard procedure: the client (lessee) is a government or an existing company.
  2. Asset-Based Finance procedure: the client (lessee) is (just) sufficiently creditworthy, but the value of the capital goods that needs to be financed leased asset is to give extra comfort. Please refer to our Asset-Based Finance pages for further information.

Maximum lease amount

The maximum amount of the insured lease depends on a number of factors including:

  1. the current and future creditworthiness of the client (lessee);
  2. the portion of the contract value which is to be financed through leasing. In accordance with OECD rules, this may normally be no more than 85% (80 % for ships).
  3. the availability under our limit for the relevant country

Deductible/insured’s own risk

For standard transactions, the percentage of cover is usually between 90% and 98% of the insured loan. This means that you will have a deductible of 2%-8%. As you will be bearing part of the risk, it will be in your interest that the lease transac­tion be completed successfully. For Asset-Based Finance transactions the percentage of cover is usually lower.

Duration and repayment schedules

The OECD has established rules for the maximum amount and duration of lease transactions. It has also established rules for repayment schedules for transactions insured by national export credit insurance agencies such as Atradius Dutch State Business. Annuity payments are permitted for leases.

Please contact us for the repayment rules for your specific transaction.

Leases in Foreign Currency

We can insure leases denominated in a currency other than the euro. When we insure leases denominated in a foreign currency we will however pay any indemnity at the relevant exchange rate up to a maximum rate. The cap rate is usually very high and therefore most of your exchange rate risk will be covered.

Dutch and Foreign Lease Companies

Our Lease Policy is available for foreign as well as Dutch lease companies (lessors). We can insure lease companies belonging to the same conglomerate as the Dutch manufacturer as well as external lease companies.

Documentation

Atradius does not take documentation risk. This means that we do not examine the lease and any security documentation when underwriting a transaction. You will be asked to provide key details of the loan on the application form. In our insurance policy we will stipulate any conditions which we require you to include in the lease documentation.

Premium

Please click here to calculate the premium for a Lease Policy.

Lessor Financing (Direct Guarantee)

Not only a client (lessee) but also a lease company (lessor) may require financing. The lease company will have purchased a capital good from a manufacturer and will usually wish to finance this purchase. The lease company’s main bank may grant it a loan for this purpose. If the lease company holds a Lease Policy from Atradius Dutch State Business, it can pledge to its bank any indemnities it may receive under the policy, as extra security for the loan. Indemnification under a Lease Policy is however subject to certain conditions, whereas the financing bank may require an unconditional guarantee. We can provide such a guarantee by issuing the bank our Direct Guarantee .

Anti-bribery declaration

The Dutch state has ambitions with regards to ‘clean’ trade. It is therefore important that we want to make certain that transactions with eca cover are free of bribery. We will ask you to sign an anti-bribery declaration at the moment that we are going to issue a policy to you. Under the downloads you can read an example of such a declaration.  

If you are interested in our Lease Policy or have any questions, we would be pleased to provide further information.

You can reach us at +31 (0)20 553 2693 or info.dsb@atradius.com.

Disclaimer

The statements made herein are provided solely for general informational purposes and should not be relied upon for any purpose. Please refer to the actual policy or the relevant product or services agreement for the governing terms. Nothing herein should be construed to create any right, obligation, advice or responsibility on the part of Atradius, including any obligation to conduct due diligence of buyers or on your behalf. If Atradius does conduct due diligence on any buyer it is for its own underwriting purposes and not for the benefit of the insured or any other person. Additionally, in no event shall Atradius and its related, affiliated and subsidiary companies be liable for any direct, indirect, special, incidental, or consequential damages arising out of the use of the statements made information herein.