Friday, 18 August 2017
HOT NEWS
Official launch of the activities of the 2th edition of the fair International Agricultural of Kinshasa: Under the initiative of the Provincial Ministry of Agriculture of Kinshasa, the official launch for the 2nd International Agricultural Fair of Kinshasa took place on Wednesday June 14, 2017 at the KEMPISKI FLEUVE CONGO HOTEL. During the ceremony, several speeches were                                                    The Democratic Republic of Congo presents the Doing Business 2018 reforms: Under the patronage of His Excellency BAHATI LUKUEBO, Minister of State, Minister of Planning, the National Agency for the Promotion of Investment organized on Tuesday, May 30, 2017, at  Pullman Hotel, a workshop presenting the 2018 Doing Business reforms. Six indicators                                                    “The time for Africa is now – we can’t slow down, we must quicken the pace”: Adesina: India is the perfect place for the African Development Bank to focus on the transformative power of agriculture, Bank President Akinwumi Adesina has told the African, Indian and international press. “India is an inspiration to Africa, in that its Green                                                    ANAPI will take part at the DRC Mining Week which will be taking place in Lubumbashi on 23-24 June: DRC Mining Week is a well-established annual mining investment event aimed at creating an enabling environment to boost the industrialisation of the mining sector. The three-day programme will feature: a two-day conference for international and national stakeholders to gain knowledge and                                                    Burey Gold expands in Kilo-Moto greenstone belt: Mining company Burey Gold inked an agreement with Emirati firm Medidoc FZE to buy a 60% onterest in Tendao project which comprises five exploration licences covering a total of 1,456 km², in North-Western part of DR Congo. The deal will                                                    AfDB and Japan to spend $3bn to boost growth in Africa: During the sixth edition of the Tokyo International Conference for Africa’s Development (TICAD VI) recently held in Nairobi, Kenya, the African Development Bank (AfDB) and the government of Japan signed a $3 billion agreement to boost growth in private sector                                                    DRC will take part at The Sixth Tokyo International Conference on African Development (TICAD VI) Summit in Nairobi: The Democratic Republic of Congo will take part at The Sixth Tokyo International Conference on African Development (TICAD VI) Summit in Nairobi, Kenya's capital. The delegation led by the Managing Director of the National Vocational Training Institute (INPP), Maurice Tshikuya                                                    kwilu: sensitization of executives of the public administration on the improvement of the business climate: Executives of the public administration and the private sector in the province of Kwilu and particularly those from Bandundu city, the capital of the province have been sensitized for two days on the reforms implemented to improve the business and                                                    Need to adapt the geological map of the DRC to the understanding of new minerals: Mr. Ikoli, Deputy Chief of Staff of the Minister of Mines, noted the need to adapt the old geological map of 1972 to the understanding of new minerals at the opening of the validation workshop of the new geological map                                                    FIKIN opens its doors this Saturday 16th of July 2016: The fair activities of Kinshasa for the year 2016 will start on Saturday, July 16 and close on 15th August, announced the Director General of the International Fair of Kinshasa (FIKIN), Eugene Bokopolo. The N ° 1 of FIKIN engaged with the                                                   

How to exercise the leasing activities

  • Law No. 15/003 of 12 February 2015 concerning the leasing (www.journal-officiel.gouv.fr).
  • Law No. 003/2002 of 2 February 2002 concerning the activity and monitory of credit institutions.

To exercise leasing activities it is necessary to :

  • Be a bank, a leasing company or financial company approved by the Central Bank of Congo, if the lease activities are performed as usual activity ;
  • Be a credit institution practicing on related title basis ;
  • Register in the Register of Commerce and Property Credit (RCCM) requesting a lessor or lessee in whose jurisdiction the lessee is registered or with the registrar of land titles of the area regarding equipment and material or real estate (www.guichetuniquerdc.cd - This email address is being protected from spambots. You need JavaScript enabled to view it.) ;
  • If the lessee is not registered in RCCM, registration is required in the jurisdiction where the property is located where equipment or material subject to the leasing agreement are exploited ;;
  • The RCCM clerk shall issue to any applicant a copy of the part of the inscriptions state on the statements of transfers or amending entries ;
  • Establish a written contract between the lessor and the lessee. This must contain the following elements :
    • Identity and address of the contracting parties ;
    • Nature and characteristics of the property on the lease ;
    • Use of the leased property and, where applicable, the place of installation or delivery ;
    • Terms of the lease including the period of irrevocability ;
    • Total amount and periodicity of rent and the mention, if any, of an initial payment ;
    • Residual value of the property on the basis of which the purchase option may be exercised ;
    • Rights and obligations of the parties ;
    • Conditions for terminating the contract.
  • Get registration with the Registrar of Titles for Real Estate for property in accordance with the provisions of Law No 73-021 of 20 July 1973 on the general regime of property, real estate and land tenure and security regime as amended and supplemented by Law No 80-008 of 18 July 1980 for similar operations.
  • The supplier delivers the particular property in leasing directly to the lessee, unless otherwise provided in the supply contract ;
  • The property on lease may be collateral or guarantee of any nature or mortgage from the lessor ;
  • In case of purchase option of the property for the lessee, the lessor is required to serve any burden and mortgage on the property. The costs involved are borne by the lessor ;
  • The lessor may, for the duration of the lease contract and after notice and / or formal notice of 15 clear days, terminate the right of use of the lessee on the leased property and retrieve it amicably or by simple ordinance objectionable made on motion by the President of the Commercial Court of the residence place of the lessor of non-payment by the lessees of a single term of rent.

Some incentives of the law on leasing

  • Depreciation of fixed assets to be used in the practice of leasing profession and those assets that are rented out by a leasing institution duly approved, are under certain conditions considered as deductible expenses for the lessor ;
  • Interests on leasing rents are exempt from value added tax ;
  • The procedures for determining the increase of taxable assets may not apply to assets leased by a leasing institution.

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