N.Y. Comp. Codes R. & Regs. tit. 3 § 100.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 100.2 - Definitions

For the purposes of this Part:

(a) The term net-lease means a lease under which the bank or trust company will not, directly or indirectly, provide or be obligated to provide for:

(1) the servicing, repair or maintenance of the leased property during the lease term;

(2) the purchasing of parts and accessories for the leased property;

(3) the loan of replacement or substitute property while the leased property is being serviced;

(4) the purchasing of insurance for the lessee, except where the lessee has failed in its contractual obligation to purchase or maintain the required insurance; and

(5) the renewal of any license or registration for the property unless such action by the bank or trust company is clearly necessary to protect its interest as an owner or financier of the property.

(b) A full-payout lease is one from which the lessor can reasonably expect to realize a return of its full investment in the leased property plus the estimated cost of financing the property over the term of the lease from:

(1) rentals;

(2) estimated tax benefits; and

(3) the reasonable estimated residual value of the property at the expiration of the initial term of the lease, so long as the unguaranteed portion of such residual value does not exceed 25 percent of the original cost of the property.

N.Y. Comp. Codes R. & Regs. Tit. 3 § 100.2