Case:
Lessee: T Hospital
Lessor: R Finance Leasing Co., Ltd.
Lease: Medical equipment worth 120 million yuan
T Hospital independently selected W Medical Equipment Co., Ltd. to produce medical equipment worth 120 million yuan. R Finance Leasing Co., Ltd. signed a sales contract with W Medical Equipment Co., Ltd. according to the independent choice of T Hospital, paid the equipment price, and leased it to T Hospital. The company signed a financial leasing contract with T Hospital. T Hospital paid rent to R Finance Leasing Co., Ltd. on a quarterly basis. The equipment ownership was owned by R Finance Leasing Co., Ltd. during the lease period. The lease expired and T Hospital purchased the lease at a nominal price of 100 yuan. The controlling shareholder Y Co., Ltd. of T Hospital provides joint liability guarantee. W Medical Equipment Co., Ltd. provides unconditional repurchase guarantee for lease items.
The tenant hospital, the newly established private non-profit hospital, was changed from the original three-level hospitals with a registered capital of 20 million yuan and total assets of 180 million yuan, of which 140 million yuan was invested in special equipment. The hospital covers an area of ​​120 mu and has opened 500 beds. It is a designated hospital for basic medical insurance for urban workers.
Guarantee Party Y Co., Ltd., established 6 years ago, with a registered capital of 15 million yuan, is the supplier of the leased goods out of the seller W Medical Equipment Co., Ltd., and operates the wholesale and retail of Class III medical devices, mechanical equipment and electronic products; , consulting and planning. Y Co., Ltd. operates and manages a number of private hospitals and affiliated hospitals including the lessee.
Lease risk analysis
1. The Regulations on the Supervision and Administration of Medical Devices and the Measures for the Administration of Registration of Medical Devices clearly stipulate that the second and third types of medical devices shall be subject to registration management. Medical device operating enterprises and users shall not operate or use the law without registration, and no certificate of conformity. Documents and medical devices that are expired, expired, or obsolete. For the medical device registration certificate of the lease item of the project, the lessor communicates with the lessee and the seller several times, and the seller has never been able to provide it.
2. The list of equipment provided by the seller and the lessee indicates that the highest value of the lease item is a foreign imported brand, the equipment has been put into use, and the lessee and the seller have not been able to provide the qualification documents and equipment for the leased goods. Inspection equipment OEM is not the foreign brand, but W Medical Equipment Co., Ltd. assembly equipment. There is a suspicion that the value of the leased property is high and the counterfeit brand is counterfeit.
3. Check the rental contract of W Medical Equipment Co., Ltd. and found that the customers who purchased the leased goods were all private hospitals managed by its controlling shareholder Y Co., Ltd., and there was no sales record except the related sales.
4. The actual storage place of the leased property, although separated from the wall of the lessee, but the external name is not the lessee, the lessee fails to provide information to explain the exact relationship. The existence of the leased property is a problem.
5. The Property Law stipulates that educational facilities, medical and health facilities and other social welfare facilities of public institutions and social organizations such as schools, kindergartens, and hospitals may not be mortgaged. The large medical facilities of private non-profit hospitals are difficult to define whether they are for public welfare purposes. This is a difficult point for mortgage leasing. The tenant is in possession during the lease period, and it is difficult to prevent the lessee from re-leasing or selling the medical equipment to a third party. At the same time, the hospital's medical equipment is also facing difficulties in the future disposal.
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