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§ 714.3 - Must you own the leased property in an indirect leasing arrangement?

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You do not have to own the leased property in an indirect leasing arrangement if:

You obtain a full assignment of the lease. A full assignment is the assignment of all the rights, interests, obligations, and title in a lease to you, that is, you become the owner of the lease;

You are named as the sole lienholder of the leased property;

You receive a security agreement, signed by the leasing company, granting you a sole lien in the leased property and the right to take possession and dispose of the leased property in the event of a default by the lessee, a default in the leasing company's obligations to you, or a material adverse change in the leasing company's financial condition; and

You take all necessary steps to record and perfect your security interest in the leased property. Your state's Commercial Code may treat the automobiles as inventory, and require a filing with the Secretary of State.

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§ 714.2 - What are the permissible leasing arrangements?
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§ 714.4 - What are the lease requirements?