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Leasing Equipment in Latin American Countries

By Pamela J. Martinson and Erika de la Rosa
May 31, 2006

American lessors continue to look for ways to expand their business, often turning to new products or structures. Savvy lenders also look to take their products to new markets, which are increasingly global. However, leasing equipment outside of the United States can present a number of issues for the U.S. lessor and its counsel. Preparation and an understanding of the foreign country's laws relating to equipment leasing are keys to success. Some of the most basic aspects to consider before leasing equipment to be located outside the United States to a foreign lessee include:

1) Does the jurisdiction recognize the concept of a lease?

2) How do we document the transaction?

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