Covenant Deed Template for Hong Kong

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Key Requirements PROMPT example:

Covenant Deed

"I need a Covenant Deed to establish non-compete restrictions for a departing senior executive of our Hong Kong technology company, preventing them from working with competitors in the Asia-Pacific region for 12 months from January 2025."

Document background
A Covenant Deed is commonly used in Hong Kong when parties need to create particularly formal and binding obligations that benefit from the enhanced enforceability and longer limitation period associated with deeds. It's essential for various business and property transactions where simple contracts may not provide sufficient protection or formality. The document must comply with strict execution requirements under Hong Kong's Conveyancing and Property Ordinance, including proper witnessing and sealing where applicable. Common uses include property restrictions, non-compete agreements, declarations of trust, and other significant business or personal obligations. The Covenant Deed's formal nature makes it particularly suitable for important transactions where parties seek additional legal protection and longer enforcement periods than those available under simple contracts.
Suggested Sections

1. Parties: Formal identification of all parties to the deed, including full legal names, addresses, and company registration numbers if applicable

2. Background: Recitals explaining the context and circumstances leading to the deed, including any relevant history or relationships between the parties

3. Definitions and Interpretation: Detailed definitions of key terms used in the deed and rules for interpreting the document

4. Covenants: The core obligations and promises being made by the covenantor(s), clearly stated in precise legal language

5. Duration: The period for which the covenants will remain in force, including any trigger events for termination

6. Enforcement: Provisions regarding how the covenants can be enforced and by whom

7. Successors and Assigns: Provisions regarding the binding nature of the deed on successors in title and permitted assigns

8. Severability: Provisions addressing the survival of remaining terms if any part is found invalid

9. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and Hong Kong courts' jurisdiction

10. Execution: Formal execution blocks meeting Hong Kong deed requirements, including attestation provisions

Optional Sections

1. Land Registration: Required when the covenant relates to land or property rights and needs registration at the Land Registry

2. Confidentiality: Include when the covenant involves sensitive information or trade secrets

3. Non-Competition: Include when the covenant restricts business or professional activities

4. Further Assurance: Include when parties may need to execute additional documents or take further actions

5. Notices: Include when formal communications between parties are anticipated

6. Third Party Rights: Include when rights are intended to be conferred on non-parties under the Contracts (Rights of Third Parties) Ordinance

7. Variation: Include when specific procedures for modifying the covenant terms need to be established

Suggested Schedules

1. Property Description: Detailed description of any property subject to the covenant, including plans and title details

2. Specific Obligations: Detailed list of specific obligations or restrictions imposed by the covenant

3. Permitted Activities: List of activities or actions that are expressly permitted under the covenant

4. Related Agreements: Details of any related agreements or documents referenced in the main deed

5. Plans and Drawings: Any relevant plans, drawings, or maps referenced in the covenant

6. Notice Details: Contact details and addresses for service of notices on all parties

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

Real Estate

Property Development

Professional Services

Financial Services

Legal Services

Construction

Manufacturing

Retail

Healthcare

Technology

Education

Hospitality

Relevant Teams

Legal

Compliance

Human Resources

Real Estate

Operations

Risk Management

Corporate Secretariat

Facilities Management

Business Development

Property Management

Relevant Roles

Legal Counsel

Company Secretary

Property Manager

Real Estate Director

Compliance Officer

Human Resources Director

Business Development Manager

Contract Manager

Risk Manager

Corporate Lawyer

Property Lawyer

Chief Legal Officer

Chief Executive Officer

Operations Director

Facilities Manager

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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