In accordance with the Financial Leasing and the Activities of Financial Leasing Companies Law, 2016, (hereinafter to be referred to as the “Law” - currently only in greek), the provision of financial leasing services to the public is prohibited by a person other than:
- a financial leasing company which is registered in the Republic and licensed by the Central Bank of Cyprus (hereinafter to be referred as the “CBC”) to provide financial leasing services;
- an authorised credit institution, except in the case of an authorised credit institution which holds a licence granted to it by virtue of the Business of Credit Institutions Laws that does not allow the provision of financial leasing services;
- a credit institution incorporated and licensed by the competent authority of another member state and, as long as the financial leasing services provided are covered by its licence, it provides financial leasing services in the Republic through a branch or through cross-border services.
- a financial leasing company which is a subsidiary of a credit institution established in a member state and complies with the requirements of section 10A of the Business of Credit Institutions Law and/or the Directives issued thereunder and which provides financial leasing services in the Republic through a branch or through cross border services.
The provisions of the Law shall not apply in case when, the provision of financial leasing services:
- Is not addressed to the general public, such as, inter-alia, the provision of financial leasing services by legal persons exclusively to the parent or its subsidiary company, or to a subsidiary of the parent company;
- is provided by natural or legal persons whose principle business activity is the sale of movable property and who/which provide financial leasing services for the sale of movable property of up to five thousand euro (€5.000,00) per item and only to the extent necessary for the purpose of exercising their main business activity;
- is for agreements for a total credit period of less than three (3) months.
A company wishing to obtain authorisation to provide financial leasing services, submits to the CBC an application together with all documents and information in accordance with the requirements of paragraph 5 of the Financial Leasing Directive of 2017, Κ.Δ.Π. 58/2017 (hereinafter to be referred as the "Directive") which has been issued by the CBC pursuant to the powers vested to it by the Law. The purpose of the Directive is also, inter-alia, to regulate the activities of financial leasing companies including the methodology for determining additional capital, internal governance, credit worthiness assessment of lessees and also to set the procedures for the conclusion of a finance lease contract, namely the provision of pre-contractual information and reflection period and the determination of the methodology of the calculation of the outstanding amount in case of advance payment, annulment or termination of the lease agreement.
For the sake of speed and convenience, companies interested to obtain an authorisation for providing financial leasing services must submit to the CBC the application form FLC/Q1 with title “Application for the Granting of Authorisation as a Financial Leasing Company under Section 22 of the Financial Leasing and the Activities of Financial Companies Law of 2016 (N.72(I)/2016)".
Legal and natural persons which/who intend to hold a qualifying holding in the share capital of a financial leasing company, as this is defined under section 2 of the Law, should complete and submit to the CBC, depending on the case, either form FLC/Q2 with title “Questionnaire for Direct and Indirect Corporate Shareholders of Financial Leasing Companies” or form FLC/Q3 with title “Questionnaire for Direct and Indirect Shareholders (Natural Persons) seeking to acquire a Qualifying Holding in a Financial Leasing Company”.
Natural persons who are directors/proposed directors or managers of the financial leasing company should complete and submit to the CBC, form FLC/Q4 with title “Personal Questionnaire for the Assessment of the Fitness and Probity of the Members of the Management Body and the Management of Financial Leasing Companies”.