LAW OF TURKMENISTAN ON LEASING
The present Law in development of the regulations of the Civil code of Saparmurat Turkmenbashy determines the juridical, organisational and economic peculiarities of leasing and directed to attracting of investments on the base of leasing activity.
Article 1. The main concepts, used in the present Law.
In the present Law, the
next main concepts are used: leasing - are the relations, which appear in passing
for payment of the specified by the of ownership for use of the receiver of
leasing, which is made or obtained into ownership by the leasing giver for leasing
receiver;
The provider of a leasing is a physical or juridical person, who is carrying
out passing of the subject of leasing to the use of leasing receiver according
to the agreement of leasing;
The leasing-receiver is a physical or juridical person, receiving according
to the agreement of leasing the subject of leasing;
The seller of the subject of leasing is a physical or juridical person, from
which the leasing provider obtains the subject of leasing
Article 2. Legislation on leasing.
Article 3. The subject of a leasing.
Article 4. Subjects of a leasing.
Article 5. Internal and international leasing.
Article 6. Leasing agreement.
Article 7. The content of a leasing agreement.
Article 8. The term of a leasing agreement.
Incidentally , the evaluated remaining cost of the subject of a leasing at the end of the term of a leasing agreement has to make up not less than 20 per cent of its primary cost.
Article 9. Changing and cancellation of an agreement of a leasing.
Changing and cancellation of the agreement of a leasing is possible according to agreement of the parties, if the other one is not stipulated by the legislation of Turkmenistan or leasing agreement.
Article 10. Leasing activity.
Article 11. Subleasing
The receiver of a leasing
has right to lease the object of a leasing, received according to the leasing
agreement for a temporary possession and use to the third person (subleasing)
with the written consent of the provider of a leasing, being responsible to
him according to the leasingagreement.
Subleasing is put in order by the agreement. Incidentally, in the subleasing
agreement the provisions of the present Law are used concerning to the provider
of leasing, to the receiver of a leasing and seller of the subject of leasing
accordingly as to the provider of the leasing, to the receiver of a leasing
and the seller of the subject of a leasing.
The term of a subleasing agreement can not exceed the term of leasing agreement.
Article 12. Rights and obligations of the provider of a leasing.
The provider of a leasing
has right:
to carry out the control to of observance of the conditions of a leasing agreement
and other attendant agreements by the receiver of a leasing;
to check the state and conditions of use of the subject of leasing;
in cases, set by the legislation of Turkmenistan and leasing agreement, to require
making of all leasing payments ahead of schedule or cancellation of the leasing
agreement with the compensation of damages or returning of the subject of a
leasing;
by the consent of the receiver of leasing to bring into conformity the execution
of the sell and buy agreement in case of violation of its conditions or offer
the receiver of a leasing another subject of leasing;
to send an inquiry and get information, needed for carry out financial control
and on conditions of the subject of a leasing;
to get the conclusion of the auditor on financial condition of the receiver
of a leasing; to be present with no right to vote at the general assemblies
of the founders and bodies of management of the receiver of a leasing on the
issues of the subject of a leasing to claim demands;
to have other rights, stipulated by the leasing agreement.
The provider of a leasing is obliged to make or obtain the subject of a leasing
of a leasing stipulated by the agreement;
obtaining the property for the receiver of a leasing, to inform the seller of
the subject of a leasing that the property is designed for passing it to a leasing;
to transfer the receiver of a leasing the subject of a leasing in condition
corresponding to the terms of a leasing and its purpose;
to accept the subject of a leasing from a receiver of a leasing after expiration
of the time of agreement, if that is stipulated by the leasing agreement;
to fulfil other obligations stipulated by the leasing agreement in time and
completely.
Article 13. Rights and obligations of a receiver of a leasing.
The receiver of a leasing
has right:
to demand the provider of a leasing discharging of his obligations according
to the leasing agreement, and also compensation for losses, caused as a result
of non-fulfilment or improper fulfilment of the leasing agreement;
directly claim to the seller of a subject of a leasing, demands to the quality
and completeness, time of delivery and other demands following from buy and
sell agreement, if that is stipulated by the leasing agreement.
to demand cancellation of the leasing agreement in case of finding of shortcomings
during its receiving, elimination of which is impossible, which does not allow
further use of the subject of a leasing;
to require in case of cancellation of the leasing agreement ahead of schedule
returning of the payment made to them before, as an advance of a leasing payment
and other sums with subtraction of the cost of those benefits, which he derived
(during) in the period of use of the subject of leasing.
to pay in a lump sum the remainder of leasing payments are to receive according
to the agreement with simultaneous cancellation of the leasing agreement and
obtaining of the subject of leasing into the ownership when the third person
applies for the subject of a leasing.
to have other rights, stipulated by the leasing agreement.
The receiver of the leasing is obliged:
to receive and to use the subject of a leasing in a proper way, keep it according
to the conditions of the leasing agreement;
to make leasing payments in time and completely;
to carry out current repairs at his own expense, to bear other expenses to maintain
it, if the other one is not set by the leasing agreement;
to refund investment expenses to the provider of a leasing and pay him rewards;
to inform the provider of a leasing on condition of the subject of a leasing
and his financial situation;
to return the subject of a leasing in cancellation of the leasing agreement,
if after expiration of the time of a leasing agreement, its redemption is not
stipulated;
to fulfil other obligations stipulated by the leasing agreement in time and
completely.
Article 14. Rights and obligations of the seller of the subject of leasing.
The seller of the subject of leasing has rights and take obligations according to legislation of Turkmenistan and buy and sell agreement of the subject of leasing and in corresponding cases by the agreement of a leasing.
Article 15. Yielding of rights by the provider of a leasing and receiver of a leasing to third persons.
Article 16. Property right to the subject of a leasing.
Article 17. Registration of the subject of a leasing.
Article 18. Depreciation of the subject of a leasing.
Article 19. The use of the subject of a leasing as mortgage.
Article 20. Insurance of the subject of a leasing.
The provider of a leasing can insure the subject of a leasing before it will be transferred to the receiver of a leasing and has right to include expenditures to carry out it into investment expenses .
Article 21. Risks connected with the subject of a leasing.
All risks, connected with the subject of a leasing, including risks of its loss (death) by accident, or a spoiling by accident, and also misappropriation, depreciation ahead of schedule, damage is taken by the receiver of a leasing since factual (real) acceptance of the subject of a leasing, if the other one is not stipulated by the leasing agreement.
Article 22. Investment expenditures of the provider of a leasing.
Under the investment expenditures
of the provider of a leasing, expenditures and expenses in connection with obtaining
and use of the subject of a leasing by the receiver of a leasing is understood,
including:
the cost of the subject of a leasing;
expenditures on keeping, transportation, installation and assembly of the subject
of a leasing, if the other one is not set by the leasing agreement; expenditures
on education of the personal, connected with the use of the subject of a leasing;
expenditures on customs registration and payment of custom duties, tariffs and
duties and also taxes paid during import of the subject of a leasing to the
custom territory of Turkmenistan;
expenditures on insurance of the subject of a leasing, if the other one is not
set by the agreement;
expenditures on payment of interests for use of attracted means and determent
of payment, given by the seller of the subject of a leasing;
payment for giving guarantees to the provider of a leasing and guarantees in
connection with the subject of a leasing;
expenditures connected with obtaining and passing of the subject of a leasing
and also expenditures for its maintenance and service.
commission duties of the trade agent;
expenditures for registration of the subject of a leasing, providing additional
services stipulated by the agreement of a leasing;
other expenditures, connected with the use and exploitation of the subject of
a leasing.
Article 23. Leasing payments.
Article 24. Responsibilities of the subjects of a leasing.
According to the leasing agreement and present legislation of Turkmenistan, the subject of a leasing takes responsibility for not fulfilling of obligations stipulated by the agreement.
Article 25. Settling of disputes on leasing agreement.
Disputes arising from the
leasing agreement are settled in the Court according to the legislation of Turkmenistan..
Disputes arising from the international leasing agreements can be tried in the
court according to the legislation of the country conditioned in the agreement.
PRESIDENT OF TURKMENISTAN
SAPARMURAT TURKMENBASHY
Ashgabat, September 15, 1999