It might seem that the consequences of transitioning an accounting and portfolio management team from an in-house solution to one delivered as software-as-a-service are minimal. But a closer look reveals that making the leap to the cloud brings benefits to every level of the organization. NetSol Technologies’ Andrew Lea looks at a few key sections of the org chart to see how the SaaS model delivers not only a mission-critical business application, but a whole new way of managing the business.... read more

November/December 2011

Equipment finance attorney Barry Marks speaks for many in lauding the benefits of the Certified Leasing Program offered by the CLP Foundation. While the industry continues to reshape itself, Marks and others firmly believe that the CLP designation is not only beneficial, but critical for success.... read more

November/December 2011

A PMSI is a useful arrow in the quiver of many equipment finance companies. Still, no legal weapons or tools are 100% effective. It is crucial, therefore, for a PMSI lender to have a good understanding of the requirements of a purchase money security interest and to maintain adequate records evidencing that those requirements have been met. Carefully drafted documents are a must.... read more

November/December 2011

For the third year in a row, the Monitor surveyed executives from equipment leasing and finance companies of all sizes to find out the realities of doing business as the pace of economic activity, as Fed Chairman Bernanke recently noted, remains “frustratingly slow.” ... read more

November/December 2011

Great sales managers are just like salespeople ... hard to come by. Linda Kester offers nine tips for any sales manager seeking to empower and enrich his or her staff.... read more

Nov/Dec 2011 2011

In this edition of Tipping the Scales, Andrew Alper discusses a recent case involving a forum selection clause where the court held the clause was enforceable, and parties that litigate a case extensively cannot attempt to move the case to a different forum at a later date. The article also explores arbitration clauses and the importance of either using them or losing them.... read more

November/December 2011

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Nov/Dec 2011 2011

Among the challenges we face in selling leasing to business executives who are unfamiliar with sophisticated equipment financings is the task of explaining how our equipment leases differ from a vendor lease or a vendor-financed installment sale financing. This article will touch on some of the aspects of third-party equipment financings and the explanations and arguments that might be presented to the uninitiated and his or her lawyers. ... read more

October 2011

In the Matter of Lothian Oil Inc., the Fifth Circuit concluded that the power to determine claims in bankruptcy under §502 of the U.S. Bankruptcy Code is not limited to merely allowing or disallowing the claim, but can include the power to determine the proper treatment of the claim, including recharacterization of the claim as debt or equity. More important for creditors, the Fifth Circuit rejected as a matter of law the claimant’s contention, and the ruling of the district court, that recharacterization of a debt as equity is only available as a matter of law with respect to a claim held by an insider.... read more

October 2011

Linda Kester writes, “In 2002, I signed a contract with Leasing Power Tools Press to write a book on equipment leasing sales. Four years later, there was no book. I tried. I’d write, criticize myself, crinkle the paper up and throw it in the trash. I’d sit down with the intention of writing and then any other activity that popped into my mind would take precedence. Clipping my toenails suddenly became urgent!”... read more

October 2011

Right now many companies worldwide are caught in the vice of accelerating change in the world economic order and perhaps even more rapid changes in how business is being done. While always important, effective strategic planning is a must-do item on the CEO’s “to do” list. In Part I of this two-part article, Ken Naglewski of Seabiscuit Partners, provides a penetrating look at what is strategy and a perspective on best practices.... read more

October 2011

A lessor contemplating a finance transaction in Indian country should exercise due diligence by consulting with counsel familiar with tribes and tribal law, waivers of sovereign immunity, and their effect on the finance transaction. Ultimately, it is a business decision whether to lease or finance equipment to a tribe, tribal entity or tribal member where the equipment will be on a reservation. Understanding the issues surrounding such a decision is the first step toward a successful transaction.... read more

October 2011

Bringing the right pieces together for any new venture can be risky and difficult. But for TAB Bank, which already has experience funding equipment leasing transactions, putting together a new Leasing Division with Mike Coon as head of the unit was a natural fit for TAB’s already established commercial lending portfolio.... read more

October 2011

Dexter Van Dango returns to this year’s Fall Conference edition with his take on surviving the ever-changing business environment. He looks beyond the fallout caused by the financial crisis and the regulatory oversight that followed. Here Van Dango speaks to industry participants directly, offering some sage advice for everyone — from Baby Boomers to Gen-Zs.... read more

October 2011

It’s no secret that the past three or four years have been a struggle for many equipment finance companies and their customers. Economic indicators remain unsteady, and the U.S. stock market bounces up and down almost daily. It’s no wonder that we’ve taken note of PNC Equipment Finance’s steady rise to the top within the same time frame.... read more

October 2011