INVEGA can provide a leasing guarantee to a financial lease company (the “leasing company”) financing the purchase of equipment if a company incorporated and operating in Lithuania which meets the requirements applicable to small and medium-sized business intends to acquire new (unused) production equipment and/or new (unused) installations under financial lease (leasing). This ensures that part of the leasing amount will be paid if the lessee goes bankrupt.
The obligation of INVEGA to make payment to the leasing company under the provided leasing guarantee is fulfilled if the leasing company is unable to recover or objective reasons are likely to prevent it from recovering the entire leasing amount from the leased property, lessee and other securities provided by the lessee in the case of the lessee’s bankruptcy or termination of activities.
When the lessee repays part of the leasing amount, the INVEGA guarantee is reduced accordingly.
INVEGA can provide leasing guarantees to the following leasing companies:
In this case, leasing is understood as a service where the leased property independently chosen by the lessee and acquired into ownership by the leasing company is handed over under the leasing contract for use and management to the lessee and where a leasing guarantee is provided as security for the payment of part of the price specified in leasing contracts of the leased property. After the lessee makes full settlement with the leasing company, this leased property becomes the property of the lessee.
Other services provided by leasing companies (operating lease, leaseback, etc.) do not qualify for INVEGA guarantees. Refinancing is not available if equipment is leased.
Other services provided by leasing companies (operating lease, leaseback, etc.) do not qualify for INVEGA guarantees.
Depending on the specific nature of service, the lessee must:
• be a company or an entrepreneur established and operating in Lithuania,
• be a small or medium-sized business,
• comply with the provisions of Commission Regulation (EU) No 1407/2013,
• have a leasing contract with a leasing company on the acquisition of property by way of financial lease,
• the lessee is eligible to receive de minimis aid (see the section on de minimis aid)
Moreover, the lessee must acquire the leased property seeking to use it directly in its production, service provision and/or construction activities (i.e. the leased property is not intended to be sold, leased or otherwise transferred for use to another undertaking).
The lessee must pay a downpayment to the leasing company for the leased property which must be at least 10 per cent of the price of the leased property.
The amount of the leasing guarantee may not exceed the difference between 70% of the price of the leased property and the downpayment and its amount may not also exceed 60 per cent of the price of the leased property.
The amount of the leasing guarantee may not exceed EUR 1,448,100 or, in the case of a lessee that has operated for less than 3 years on the date of submission of the guarantee application to INVEGA, may not exceed EUR 579,240.
A leasing guarantee may be provided if the leased property meets all of the following requirements:
• The leased property is production equipment (machine tools, mechanisms, instruments, devices, tools, plant and agricultural and forestry machinery, with the exception of consumables, passenger and freight vehicles, trailers, semi-trailers, ships, railway and tramway locomotives, rolling stock, aircraft) and/or installations;
- The leased property is new, i.e. the manufacturing date is no later than 24 months before the conclusion of the leasing contract;
- The leased property is not second-hand, i.e. the leased property has not been used for its intended purpose by other undertakings. Testing, tuning, verification of completeness or functionality of equipment and/or installations and similar actions carried out before the sale of equipment and/or installations are not considered as the use of the leased property;
- The leased property is intended for manufacturing, service provision or construction activities. In addition, the leased property is not intended to be used for household, rent, wholesale or retail activities, provision of transport services, real estate rental, leisure, sports, health (except for medical activities) activities;
- The leased property does not form an integral part of residential premises and/or non-residential buildings or other real estate;
- The leased property is tangible assets or tangible assets together with the associated intangible assets (such as software, licence, etc.).
Leasing of vehicles, including cars, does not qualify for INVEGA guarantees. A leasing guarantee is provided on condition that the financed project (acquisition of leased property) is recognised by INVEGA as being financially sound (able to pay off) and eligible for financing.
Applications for leasing guarantees submitted by leasing companies have to be processed by INVEGA within 20 calendar days after the receipt of the required documents.
The decision to issue a leasing guarantee is made by the managing bodies of INVEGA on recommendation of the Risk Management Committee of INVEGA – the Director General of INVEGA or, in special cases, the Board of INVEGA.
The Director General of INVEGA or an employee of INVEGA authorised by him or her signs a written guarantee within 3 (three) working days after the receipt of the leasing contract and the payment of the guarantee fee.
The lessee pays a guarantee fee to INVEGA for the provision of the leasing guarantee.
The guarantee fee payable by the lessee is partially subsidised by the Ministry of Economy. The lessee is the beneficiary of the subsidy. The financing shall be remitted directly to INVEGA, once INVEGA issues a leasing guarantee to the leasing company on behalf of the lessee.
A lessee is entitled to a guarantee fee subsidy if all of the following requirements are met:
- A leasing guarantee has been provided.
- According to the latest information available to INVEGA, the amount of leasing guarantees and loan guarantees provided to the lessee, including the one to be provided, does not exceed EUR 579,240.
If the amount of the guarantee or the aggregate amount of all provided guarantees considering the completed repayments is above EUR 579,240, the guarantee fee calculated on the amount above EUR 579,240 is not subsidised for the lessee.
Leasing guarantees are provided as de minimis aid under Regulation No 1407/2013.
The aggregate amount of de minimis aid provided and/or intended to be provided in the current and 2 previous financial years may not exceed EUR 200,000 per company. The maximum amount of de minimis aid for road transport companies is EUR 100,000.
These thresholds apply irrespective of the form of de minimis aid or objectives to be achieved and whether the aid provided is fully or partially financed from resources originating in the EU.
The amount of de minimis aid provided in the form of a leasing guarantee is calculated according to the provisions of Regulation No 1407/2013 and depends on the amount and duration of the guarantee. Before adopting a decision to provide a leasing guarantee, INVEGA verifies that the lessee is eligible to receive de minimis aid and calculates the amount of de minimis aid which would be provided in the form of a leasing guarantee and fee financing and reserves it in the Register of Provided State Aid. Once INVEGA decides to provide a leasing guarantee and issues a written guarantee, the relevant amount of de minimis aid is registered in the Register of Provided State Aid.