Co Borrower Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Co Borrower Agreement

"I need a Co-Borrower Agreement for three family members jointly borrowing HKD 5 million from ABC Bank for purchasing a residential property in Hong Kong, with the loan to be disbursed by March 2025 and secured against the property."

Document background
The Co-Borrower Agreement is essential in lending arrangements where multiple parties wish to jointly obtain a loan or credit facility in Hong Kong. This document is commonly used in both personal and commercial lending scenarios, such as couples purchasing property together or business partners securing joint financing. The agreement must comply with Hong Kong's regulatory requirements, including the Money Lenders Ordinance (Cap. 163) and Banking Ordinance (Cap. 155). It contains crucial provisions regarding joint and several liability, meaning each co-borrower is independently responsible for the entire loan amount while also sharing the obligation with other co-borrowers. The agreement includes details about loan terms, repayment schedules, default provisions, and enforcement mechanisms, ensuring all parties understand their obligations and the consequences of non-compliance.
Suggested Sections

1. Parties: Identification of all parties including the lender and all co-borrowers with their full legal names and addresses

2. Background: Context of the loan arrangement, purpose, and relationship between co-borrowers

3. Definitions: Definitions of key terms used throughout the agreement

4. Loan Details: Specification of the loan amount, interest rate, and term of the loan

5. Joint and Several Liability: Clear statement of co-borrowers' joint and several liability for the loan

6. Representations and Warranties: Declarations by co-borrowers about their financial status, capacity, and authority to enter into the agreement

7. Repayment Terms: Details of repayment schedule, method, and allocation between co-borrowers

8. Interest and Fees: Comprehensive details about interest calculation, fees, and charges

9. Events of Default: Definition of default events and consequences

10. Rights and Obligations: Specific rights and obligations of each co-borrower

11. Notices: Requirements for giving notices between parties

12. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction

13. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments

Optional Sections

1. Security Arrangements: Include when the loan is secured by collateral or guarantees

2. Insurance Requirements: Include when insurance is required for secured assets or borrowers

3. Special Repayment Provisions: Include for early repayment options or special payment arrangements

4. Cross Default: Include when default on other loans should trigger default under this agreement

5. Change in Circumstances: Include provisions for dealing with death or incapacity of a co-borrower

6. Assignment and Transfer: Include if transfer rights are to be granted to any party

7. Additional Representations: Include for specific declarations required for regulated loans or special circumstances

Suggested Schedules

1. Schedule 1 - Loan Details: Detailed breakdown of loan amount, interest calculations, and payment schedule

2. Schedule 2 - Co-Borrower Information: Detailed information about each co-borrower including contact details and share of liability

3. Schedule 3 - Security Details: Description of any security or collateral provided for the loan

4. Schedule 4 - Payment Instructions: Bank account details and payment procedures

5. Schedule 5 - Form of Notices: Standard forms for various notices under the agreement

6. Appendix A - Required Documents: List of documents required from each co-borrower

7. Appendix B - Compliance Requirements: Details of ongoing compliance requirements for co-borrowers

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Relevant Industries

Banking

Financial Services

Real Estate

Mortgage Services

Consumer Lending

Commercial Lending

Asset Finance

Property Development

Investment Services

Relevant Teams

Legal

Compliance

Credit Risk

Loan Operations

Document Management

Customer Relations

Underwriting

Due Diligence

Credit Administration

Business Development

Relevant Roles

Credit Officer

Loan Officer

Legal Counsel

Compliance Officer

Risk Manager

Relationship Manager

Credit Analyst

Financial Advisor

Mortgage Specialist

Legal Document Specialist

Banking Operations Manager

Underwriter

Due Diligence Officer

Contract Administrator

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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