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Legal Issues

ELFA offers its members a variety of information regarding pertinent legal matters and their impact on the leasing and finance business. The ELFA Legal Committee, which contributes substantive material deemed appropriate for inclusion, monitors the content of this section.

If you need further information, or you'd like to contribute material to the site, please contact Bill Choi at bchoi@elfaonline.org.

 

What's New in the Law

Summary of recent case law impacting the leasing and finance industry.

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State Law Compendium

A compendium that provides answers that address compliance with selected state statutes and regulations deemed problematic by attorneys who practice in these commercial jurisdictions and business people who operate in them.

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State Tax Manual

This easily navigated reference guide, designed to aid leasing companies in tax compliance and planning, provides a comprehensive state-by-state analysis of sales and property taxes.

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Survey of Canadian Provincial Motor Vehicle Vicarious Liability

A 10 province survey of vicarious liability to lessors and conditional sellers of motor vehicles in Canada.


Canadian Finance & Leasing Association Provided by the Canadian Finance & Leasing Association


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Survey of Selected State GAP Waiver/Debt Cancellation Regulations

A 50 state survey on the laws relating to the financing of GAP Waiver/Debt Cancellation products ("Survey"). The survey provides commonly used industry definitions. It also provides statutory references and other citations applicable to GAP insurance and GAP waivers in all fifty states.

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Fifty State Survey of Motor Vehicle Insurance Requirements

Survey of the financial responsibility and insurance requirement laws applicable to motor vehicle lessors.

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The Executive's Guide to Lease Documentation

The Executive's Guide to Lease Documentation was produced by various attorneys serving on the Legal Committee for the Equipment Leasing and Finance Association (ELFA) to provide readers with a relatively brief synopsis of a number of issues that may arise during negotiation, drafting, and administration of equipment lease agreements and related documents.

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Executive's Guide to Remedies

The Executive's Guide to Remedies was prepared by various attorneys serving on the Legal Committee for the Equipment Leasing And Finance Association (ELFA) to provide readers with a relatively brief synopsis of a number of remedies that are available to lessors under many lease agreements and applicable law. In addition, it explores a variety of legal issues which may affect a lessor's exercise f those remedies.

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Amicus Briefs

  • Eight State AG's File Amicus on Forum Selection in NorVergence Case

    Eight State Attorneys General (Florida, Connecticut, Louisiana, New York, Ohio, Pennsylvania, Rhode Island and Massachusetts) have filed an Amicus in support of appellees / lessees in the Eighth District Court of Appeals of Ohio. ELFA has already filed an amicus in the same case on behalf of the appellant lessor, Preferred Capital. ELFA understands that the California AG has now asked to be joined with the other State AG's.

    The subject of the case is what the State AG's characterize as a "floating" Forum Selection Clause that does not indicate a state when the lessee signs the lease. Lessors will find the ELFA amicus and that of the State AG's to be very good background information and legal analysis on this type of clause fundamental to transactions.

    In earlier meetings and discussion with both the NYAG office and the FTC attorney in charge of the NorVergence matter, the Forum Selection Clause language and practice have been one of the primary issues of interest. ELFA suggests that readers download and read both documents.

  • ELA Files Amicus Brief in Appeal on Norvergence Case

    ELA has filed an amicus curiae brief in support of Preferred Capital's appeal of an adverse ruling on forum selection provisions in its NorVergence case.

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Business Practices

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2014 ELFA Legal Buyers Guide

Seeking legal guidance? Look no further to find equipment finance and leasing lawyers ready to serve you. Plus: Hot legal issues in equipment finance.

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Disclaimer:

The Equipment Leasing Association (ELFA) publishes this Legal Information Section (Section) of ELFA OnLine as a service to its members for informational purposes only, and not for the purpose of providing legal advice. Neither ELFA nor its information contributors make any express or implied representations or warranties about the accuracy and completeness of this information for any purpose or the suitability of this information for use. You should not consider any information on this Section to be legal advice and should not act upon any such information without seeking professional counsel. Use of and access to this Section of ELFA OnLine does not create any attorney-client or other relationship between the user or browser and ELFA or any attorney or individual who contributes information or materials to the Section.

ELFA has attempted to provide users of this Section with access to other websites containing legal information of possible interest by installing hyperlinks to such websites. ELFA makes no representation or warranty whatsoever, including as to accuracy or completeness, of any of the information that may be accessed from this website. By including a hyperlink to another website, ELFA makes no endorsement of the information, views or opinions stated therein.

Access to and participation in this Legal Information Section is also subject to the Participation Rules (for all ELFA e-mail list server discussion groups).

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