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Loan Payment Agreement

Loan Payment Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Loan Payment Agreement

"I need a Loan Payment Agreement for a secured corporate loan of HKD 5 million to be repaid over 3 years, starting March 2025, with quarterly payments and including provisions for early repayment and multiple guarantors."

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Document background
The Loan Payment Agreement is a crucial document used in Hong Kong's financial landscape when establishing formal lending arrangements between parties. It serves as the primary contract governing the terms of loan repayment, whether for corporate financing, personal loans, or specific project funding. This document must comply with Hong Kong's strict regulatory framework, particularly the Money Lenders Ordinance (Cap. 163) and relevant financial regulations. The agreement typically includes essential elements such as loan amount, interest calculations (subject to Hong Kong's interest rate caps), repayment schedules, default provisions, and any security arrangements. It's particularly important in Hong Kong's dynamic financial market where both institutional and private lending are common, requiring careful attention to local legal requirements and market practices.
Suggested Sections

1. Parties: Identifies and provides full details of the lender and borrower, including registration/ID numbers and addresses

2. Background: Outlines the context of the loan agreement and the parties' intention to enter into the lending arrangement

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Loan Amount and Purpose: Specifies the principal amount of the loan and its intended use

5. Interest Rate and Calculations: Details the applicable interest rate, calculation method, and compliance with Hong Kong interest rate regulations

6. Payment Terms: Specifies payment schedule, installment amounts, and payment methods

7. Repayment Schedule: Details the timing and structure of loan repayments

8. Events of Default: Defines circumstances constituting default and consequences thereof

9. Representations and Warranties: States the parties' representations regarding their capacity and authority to enter into the agreement

10. Covenants: Lists ongoing obligations of the borrower during the loan term

11. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction for dispute resolution

12. Notices: Specifies how formal communications between parties should be made and delivered

Optional Sections

1. Security: Include when the loan is secured by collateral, detailing the security arrangement and enforcement rights

2. Guarantor Provisions: Include when a guarantor is providing additional security for the loan

3. Insurance Requirements: Include when insurance is required for secured assets or loan protection

4. Early Repayment: Include to specify terms and conditions for early loan repayment

5. Assignment and Transfer: Include when either party may need to transfer their rights or obligations

6. Know Your Client Requirements: Include for institutional lenders subject to regulatory compliance requirements

7. Tax Provisions: Include when specific tax considerations need to be addressed

8. Multiple Borrowers: Include when there are multiple borrowers to specify joint and several liability

Suggested Schedules

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

2. Schedule 2 - Repayment Schedule: Detailed amortization table showing payment dates and amounts

3. Schedule 3 - Security Details: Description and documentation of any security or collateral

4. Schedule 4 - Form of Drawdown Notice: Template for requesting loan disbursement

5. Schedule 5 - Form of Compliance Certificate: Template for periodic compliance certification

6. Appendix A - Payment Instructions: Bank account and payment processing details

7. Appendix B - Required Documents: List of documents required for loan processing and compliance

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Law
Business Day
Collateral
Default Interest
Default Notice
Drawdown Date
Early Repayment
Effective Date
Event of Default
Final Repayment Date
Financial Indebtedness
Governing Law
Grace Period
Interest Period
Interest Rate
Lender
Loan
Loan Amount
Material Adverse Effect
Maturity Date
Outstanding Amount
Payment Date
Permitted Purpose
Principal Amount
Repayment Date
Repayment Schedule
Security
Security Documents
Security Interest
Security Provider
Specified Currency
Tax
Transaction Documents
Working Day
Relevant Industries

Banking & Financial Services

Real Estate

Construction

Manufacturing

Retail

Technology

Healthcare

Education

Professional Services

Small & Medium Enterprises

Corporate Finance

Investment Management

Relevant Teams

Legal

Finance

Compliance

Risk Management

Treasury

Credit Administration

Corporate Secretarial

Business Development

Operations

Documentation

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Compliance Officer

Credit Manager

Loan Officer

Financial Controller

Treasury Manager

Risk Manager

Corporate Secretary

Business Development Manager

Account Manager

Financial Analyst

Legal Manager

Contract Administrator

Industries
Money Lenders Ordinance (Cap. 163): Regulates money lending transactions in Hong Kong, including licensing requirements for money lenders, maximum interest rates, and mandatory terms in loan agreements
Contract and Rights of Third Parties Ordinance (Cap. 623): Governs the formation and enforcement of contracts in Hong Kong, including principles of offer, acceptance, consideration, and third-party rights
Interest Rate Cap Ordinance: Sets the maximum allowable interest rates for loans and provides regulations regarding interest calculation and usury
Personal Data (Privacy) Ordinance (Cap. 486): Regulates the collection, use, and handling of personal data in loan agreements and related documentation
Law Amendment and Reform (Consolidation) Ordinance (Cap. 23): Contains provisions regarding contractual remedies and enforcement of loan agreements
Unconscionable Contracts Ordinance (Cap. 458): Protects borrowers from unfair terms in loan agreements and provides remedies against unconscionable conduct
Rules of the High Court (Cap. 4A): Provides procedures for legal enforcement of loan agreements and debt recovery through the courts
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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