The Deed of Gift Money is a crucial legal instrument used in Hong Kong when one party (the donor) wishes to formally transfer money to another party (the donee) as a gift. This document is particularly important for substantial monetary gifts where formal documentation is desired for legal certainty, tax purposes, or family arrangements. The deed includes essential information such as the parties' details, the gift amount, transfer method, and any conditions attached. It must comply with Hong Kong's Conveyancing and Property Ordinance requirements for deed execution and may need to address anti-money laundering considerations for larger amounts. Common uses include family wealth transfers, charitable donations, education funding, and estate planning. The Deed of Gift Money provides clear evidence of the gift's voluntary and irrevocable nature, protecting both donor and donee interests.
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1. Parties: Full legal names and addresses of the donor and donee, including HKID/passport numbers for clear identification
2. Background: Context of the gift, relationship between parties, and purpose of the deed
3. Definitions: Definitions of key terms used throughout the deed
4. Gift: Clear statement of the monetary amount being gifted and confirmation that it is given absolutely and irrevocably
5. Donor's Declarations: Donor's confirmations regarding ownership, authority to give, solvency, and freedom from encumbrances
6. Donee's Acknowledgment: Donee's acceptance of the gift and any conditions attached
7. Timing and Method of Payment: Details of when and how the gift money will be transferred
8. Governing Law: Specification that the deed is governed by Hong Kong law
9. Execution: Formal execution block meeting Hong Kong deed requirements
1. Conditions: Used when the gift is subject to specific conditions or requirements
2. Tax Acknowledgments: Include when parties need to acknowledge their understanding of tax implications
3. Source of Funds Declaration: Add for large gifts where anti-money laundering compliance is important
4. Translator's Certificate: Required when any party doesn't read English/Chinese
5. Witness Statement: Additional witness details when required for extra certainty
6. Revocation Rights: Include if the donor wishes to retain any right to revoke under specific circumstances
7. Third Party Rights: Exclusion of third party rights under the Contracts (Rights of Third Parties) Ordinance
1. Payment Details: Bank account or payment method details for the transfer
2. Evidence of Funds: Documentation showing the source and availability of gift funds
3. Related Correspondence: Copies of relevant communications regarding the gift
4. Identity Documents: Copies of HKID/passport pages of parties
5. Professional Advice Records: Records of any legal or financial advice received regarding the gift
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