Lack of implementation of the Financial Leasing Law harms MSMEs, warns the AAP

Lack of implementation of the Financial Leasing Law harms MSMEs, warns the AAP

As is known, vehicles intended for the freight transport service, acquired through financial leasing by a company that is not supervised, but is registered with the SBS, cannot operate since they cannot be registered in the registry of the SBS. as required by the standard.

In this sense, Adrián Revilla, general manager of the points out that this situation discourages the use of the financial leasing law, reducing the possibility that more can resume their activities

In addition, he explained that to date there is no procedure for those micro, small or medium-sized enterprises (MSMEs) that have the possession of transport vehicles through the figure of financial lease granted by companies not supervised by the SBS, but registered in the corresponding Registry of said institution (as established by current regulations).

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The MTC requires that the vehicles be owned by the carrier, contracted under the modality of financial or operating lease from an entity supervised by the SBS and/or Conasev, whether they have been delivered in trust or by any other modality permitted by the regulations of the system. financial and/or stock market.

This lack of recognition by the MTC of the power that companies registered in the SBS Registry have to grant financial leases means that the vehicles destined to provide the freight transport service and that have been acquired through a financial lease by a company not supervised, but registered with the SBS cannot be registered with the aforementioned Ministry and therefore are not allowed to operate.

It should be noted that, in January 2020, Emergency Decree 013-2020 was published, which allows the creation of the registry of financial leasing companies not included in the scope of the Financial System Law.

The objective of this provision was to generate greater competition and facilitate financing for the renovation and acquisition of machinery, equipment, ground transportation units, among others.

Nevertheless, “Despite the initial will, the aforementioned DU has not been used to date in its entirety by companies in the country, due to the fact that necessary modifications are pending in other national regulations that allow its better application”, concluded.

Therefore, he said, it is contradictory that, on the one hand, measures are enacted that seek to promote access to financing through mechanisms such as the aforementioned financial leasing and, on the other hand, the specific sector regulations are not updated (for example, the TUPA of the MTC ) to facilitate its implementation.

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According to the AAP there was a predisposition of the Government to promote legal instruments that facilitate the economic reactivation of those who have less. Not long ago, the Ministry of Economy indicated that, under this mechanism, more than 300,000 MSMEs would have access to a greater offer in leasing operations, with better financing conditions. A situation that would generate an impact on the increase in placements and trading volume of between S/ 900 to S/ 2,400 million.

“However, this forecast has not materialized due to the inconveniences described. Currently there are more than 30 financial leasing companies not included in the scope of the General Law but registered with the SBS, of which a significant percentage is linked to the automotive sector (20%)”.

This issue becomes more relevant when observing the performance of the balance of the financial leasing credit portfolio of banking entities granted to medium-sized, small and micro-enterprises, which shows significant contractions when comparing the figure for August 2022 with the same month in 2021. .

That said, the AAP is confident that by correcting the difficulty described above, in the coming months there will be significant dynamism in the leasing market in the country, allowing more micro, small and medium-sized companies to access formal financing offered, not only by financial institutions. but also by companies outside the scope of the Banking Law that want to include financial leasing in their product portfolio.

By unlocking this problem, a greater development of MSMEs will be allowed with positive repercussions for our economy, especially in the current situation. To this, he noted, is added the possibility of promoting the renewal of the national automobile fleet, generating a series of benefits for society, since new vehicles with better technology and safety implements bring with them less pollution, traffic accidents, congestion, among others.


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