Deed Of Debt Template for Hong Kong

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Key Requirements PROMPT example:

Deed Of Debt

"I need a Deed of Debt for a HKD 5 million corporate loan from ABC Investment Ltd to XYZ Technology Ltd, secured against company assets, with monthly repayments starting March 2025 and a 5% annual interest rate."

Document background
The Deed of Debt is a crucial legal instrument in Hong Kong's commercial and financial landscape, used to formally document and acknowledge debt obligations. It is particularly valuable when parties need to ensure maximum enforceability of a debt obligation or when converting an existing debt into a deed format for enhanced protection. The document is commonly used in various scenarios including corporate lending, private loans, debt restructuring, and settlement agreements. As a deed rather than a simple contract, it provides creditors with additional legal advantages under Hong Kong law, including an extended limitation period of 12 years for enforcement. The Deed of Debt includes essential elements such as the debt amount, repayment terms, interest provisions, and enforcement mechanisms, while complying with Hong Kong's specific requirements for deed execution and effectiveness.
Suggested Sections

1. Parties: Identifies and defines the Creditor and Debtor with their full legal names and addresses

2. Background: Explains the context of the debt, including its origin and the parties' intention to document it in deed form

3. Definitions: Defines key terms used throughout the deed

4. Acknowledgment of Debt: Formal acknowledgment of the debt amount and its legitimacy by the Debtor

5. Repayment Terms: Details of how and when the debt will be repaid, including payment schedule and method

6. Interest: Specifies the interest rate, calculation method, and payment terms

7. Default and Consequences: Outlines what constitutes default and the consequences thereof

8. Representations and Warranties: Standard declarations by the Debtor regarding their capacity and authority

9. Costs and Expenses: Allocation of costs related to the preparation and enforcement of the deed

10. Notices: Specifies how formal communications between parties should be made

11. Governing Law and Jurisdiction: Confirms Hong Kong law governs the deed and Hong Kong courts have jurisdiction

12. Execution: Formal execution block meeting Hong Kong requirements for deeds

Optional Sections

1. Security: Include when the debt is secured against specific assets

2. Guarantor Provisions: Include when a third party is guaranteeing the debt

3. Early Repayment: Include when early repayment options are available

4. Assignment: Include when either party may need to transfer their rights under the deed

5. Force Majeure: Include when specific circumstances might affect repayment ability

6. Subordination: Include when this debt needs to be subordinated to other debts

7. Insurance: Include when specific insurance requirements are imposed on the Debtor

Suggested Schedules

1. Schedule 1 - Payment Schedule: Detailed breakdown of payment dates and amounts

2. Schedule 2 - Security Details: Description of any assets provided as security (if applicable)

3. Schedule 3 - Interest Calculation: Detailed method for calculating interest, including examples

4. Appendix A - Supporting Documents: List of relevant supporting documents evidencing the original debt

5. Appendix B - Bank Account Details: Payment account details for debt repayment

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 Industries

Banking and Financial Services

Real Estate

Commercial Lending

Investment

Construction

Manufacturing

Retail

Professional Services

Technology

Private Equity

Relevant Teams

Legal

Finance

Treasury

Credit Control

Risk Management

Compliance

Corporate Secretarial

Debt Collection

Commercial

Account Management

Relevant Roles

Chief Financial Officer

Financial Controller

Legal Counsel

Corporate Lawyer

Finance Manager

Credit Manager

Risk Manager

Treasury Manager

Company Secretary

Compliance Officer

Debt Collection Manager

Account Manager

Investment Manager

Director of Finance

Commercial Director

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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