Equipment Finance Law Definition
Attorneys practicing equipment finance law represent financial service companies (including independent leasing and finance companies, commercial banks and subsidiaries or divisions of commercial banks), manufacturers and their captive finance subsidiaries, governmental authorities, brokers, investors, and other parties in all aspects of a wide variety of domestic and cross-border transactions, including in connection with:
- Tax and financial reporting planning and strategies related to equipment finance.
- Origination of true leases of equipment to operating lessees (i.e. finance leases under Article 2A of the Uniform Commercial Code).
- Origination of secured loans to borrowers collateralized by equipment (i.e. secured transactions under Article 9 of the Uniform Commercial Code).
- Purchases and sales of individual equipment leases and loans, or portfolios of leases and loans, in the equipment finance syndications market.
- Private and public securitizations of portfolios of equipment leases and loans, structured and credit enhanced in a variety of ways.
- Structuring other methods of providing capital to equipment lessors or lenders, such as warehouse lines of credit.
- Workouts and restructurings of troubled equipment finance transactions, including those in bankruptcy.
- Collections and enforcement of rights under equipment leases and loans in default situations, including foreclosure on and recovery of equipment.
- Other post-lease term transactions such as remarketing arrangements.
- Litigation arising out of disputes under equipment lease or loan documentation, or disputes arising out of the use, possession, and ownership of equipment.
Equipment finance transactions relate to a broad spectrum of personal property, including:
- Corporate and commercial aircraft.
- Rolling stock such as railcars and locomotives.
- Automobiles, trucks, and other over-the-road transportation equipment.
- Agricultural, construction, and mining equipment, including off-road vehicles.
- Office, retail, manufacturing, and other business equipment.
- Computer hardware and other IT equipment and software.
- Medical technology and other healthcare equipment.
- Marine vessels.
- Solar arrays, wind turbines, and other alternative energy and energy conservation equipment.
Areas of expertise required of equipment finance attorneys, in addition to leasing and secured lending law, include tax law, laws and accounting rules relating to financial reporting, bankruptcy and creditors’ rights law, securities law, titling law (e.g. certificates of title or registrations/filings for motor vehicles, aircraft, vessels, and railcars), maritime law, public finance law, and government procurement law.