French Monetary and Financial Code
In forceThe leasing transactions referred to in this subsection are :
1. The leasing of capital goods or tools purchased with a view to such leasing by companies that remain the owners of the goods, where these transactions, however they may be classified, give the lessee the possibility of acquiring all or part of the leased goods, in return for an agreed price that takes into account, at least in part, the payments made by way of lease payments;
2. Transactions whereby a company leases property for business use, purchased by it or built on its behalf, where these transactions, regardless of their classification, enable the lessee to become the owner of all or part of the leased property, no later than the expiry of the lease, either by transfer in execution of a unilateral undertaking to sell, or by direct or indirect acquisition of the ownership rights to the land on which the leased property or properties have been built, or by transfer by operation of law of the ownership of the buildings erected on the land belonging to the said lessee.
In the event of a leasing transaction involving the right to renew a lease, this right may only be invoked by the lessor, notwithstanding the provisions of article
L. 145-8of the French Commercial Code. The other rights and obligations that the lessee derives from the provisions of the aforementioned decree are divided by contract between the owner, the lessor and the lessee.
3. Leases of businesses, craft businesses or any of their intangible assets, accompanied by a unilateral undertaking to sell at an agreed price that takes into account, at least in part, the rental payments made, with the exception of any lease to the former owner of the business or craft business.
4. The leasing of shares provided for in articles
L. 239-1 to L. 239-5of the French Commercial Code, accompanied by a unilateral undertaking to sell at an agreed price that takes into account, at least in part, the rental payments made.
