Section 1071 Q&As post twelve

Are all leases exempt? We finance leases but we are not the lessee

Leases are exempt. Exactly how are you structuring the financing of leases? However, if you were to extend a loan to a business such as an automobile leasing company, and the loans were to be secured by the leases, we believe that would be a covered transaction. We have submitted this question to the Bureau in response to this question.

Executive summary page 4 states "renewals are not considered covered originations even if they increase the credit line or credit amount of the existing transaction." Has this changed? 

 No, it has not changed. You are reading the treatment of renewals for the purpose of determining if a transaction counts toward the number of covered transactions used to determine if a lender is a covered lender. Under those circumstances, a renewal does not count. But once a lender is a covered lender any renewals they extend would count as a covered loan if they are for an increase in the credit (only the increased amount would be reported).


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