Why Attend This Training Course?

How a business owner would choose between financial lease vs operating lease? And why he will choose one over another? In this interactive training course, we will find out how and why of a financial lease and operating lease, emphasizing the differences between them.

This course will provide participants with a larger and in-depth knowledge of the details of leasing and operating contracts the impact on costs, tenant satisfaction, and the success of an acquisition management program. Participants will explore contract management issues, and learn the steps of termination processes through case studies and exercises and will focus on the financial consequences of specific contractual clauses.

What Is The Training Course Methodology?

This training course methodology depends on enabling participants to interact and exchange experiences, explore their competencies and achieve their career aspirations, using forward-thinking training arts, such as theoretical lectures and/or open discussion to exchange opinions and experiences, scenarios, innovative thinking brainstorming. Participants will receive an agenda including training material as a reference, in addition to some extra notes and booklets. 

Who Should Attend This Training Course?

This training course is designed for Legal advisors and legal department staff in public or private sector or lawyers, engineers, accountants and contract workers.

What Are The Training Course Objectives?

• Overview about the legal concept of the financing lease contracts

• Understand its implications and obligations of the different parties

• Identify the management disputes arising from the financial leasing contract

• Learn the commercial arbitration procedures

What Is The Training Course Curriculum?

Financial Leasing Contract

• What distinguishes the leasing contract from other contracts?

• When is the contract considered a financing lease?

• Distinguishing the financing lease from other contracts

• Negotiation for contracting

• Effects of the financial leasing contract

• Lessor's obligations

• Tenant's obligations

Waiver of the Contract to a Third Party

• Waiver of the contract by the lessor

• Waiver of the contract by the tenant

• Termination of the financial leasing contract

  • Claims arising from the implementation of the financial leasing contract

  • Claims brought by the parties against each other

  • Claims brought by two parties against the contractor, supplier and third parties

• Accounting treatment, tax treatment and exemptions

• Crimes arising from the implementation of the financial leasing contract

Operating Contract: Basic Elements of the Operating Contract

• Parties of the operating contract

• The basic elements of the operating contract

• Negotiation to conclude the operating contract

• Concluding the operating contract

• Proof of the operating contract

• Rules of interpretation of the operating contract

Effects of Operating Contract

• Contractor's obligations

• Obligations of the employer

• Subcontractor

• Role of the consultant Engineer in the operating contract

Guarantees of the Operating Contract

• Types of guarantees

• Letter of Guarantee

• Reasons for termination of operating contract

• Reasons related to general rules

• Other reasons related to the operating contract

Management of Disputes Arising from the Execution of the Operating Contract

• Renegotiation

• Reconciliation

• Arbitration

• Ordinary judiciary

• Rules governing the drafting of operating contracts

• How to avoid risks and reduce claims in maintenance contracts

• Demonstration of managing disputes arising from the implementation of maintenance contracts

• Practical application