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Memorandum Of Deposit
"I need a Memorandum of Deposit under Hong Kong law for the deposit of share certificates representing 10,000 ordinary shares in ABC Trading Limited as security for a HKD 5 million loan facility maturing in March 2025."
1. Parties: Identifies the depositor and the depositee/security holder
2. Background: Sets out the context of the deposit arrangement and references any underlying obligations
3. Definitions: Defines key terms used throughout the document
4. Deposit and Security: Details the assets being deposited and confirms creation of security interest
5. Secured Obligations: Defines the obligations secured by the deposit
6. Representations and Warranties: Standard representations about ownership, authority, and capacity
7. Depositee's Rights: Sets out the rights of the depositee in relation to the deposited assets
8. Depositor's Obligations: Ongoing obligations of the depositor regarding the deposited assets
9. Events of Default: Lists circumstances that trigger enforcement rights
10. Enforcement: Describes the depositee's enforcement rights and procedures
11. Further Assurance: Obligation to execute further documents if needed
12. Notices: Specifies how formal communications between parties should be made
13. Governing Law and Jurisdiction: Confirms Hong Kong law and jurisdiction
1. Power of Attorney: Required when depositee needs power to deal with deposited assets
2. Regulatory Compliance: Added when deposit involves regulated assets or activities
3. Multiple Depositors: Required when there are joint depositors
4. Currency Provisions: Added when deposit involves foreign currency obligations
5. Tax Provisions: Required when tax implications need specific addressing
6. Security Agent Provisions: Added when security is held by an agent for multiple beneficiaries
7. Further Security: Required when additional security interests are created
1. Schedule 1 - Description of Deposited Assets: Detailed description of assets being deposited
2. Schedule 2 - Secured Obligations: Details of the underlying obligations being secured
3. Schedule 3 - Form of Notice: Standard form notices for enforcement or other communications
4. Schedule 4 - Powers of Attorney: Specific powers granted to depositee if applicable
5. Appendix A - Copy of Board Resolutions: Corporate authorizations for the deposit
6. Appendix B - Related Security Documents: Copies or details of related security arrangements
Authors
Banking Day
Business Day
Charged Property
Companies Ordinance
Default Interest
Default Rate
Deposit
Deposited Assets
Deposited Documents
Depositor
Depositee
Encumbrance
Enforcement Event
Event of Default
Finance Documents
Financial Indebtedness
Governing Law
Hong Kong
Interest Period
Law
Liabilities
Notice
Obligations
Party/Parties
Potential Event of Default
Power of Attorney
Receiver
Related Rights
Secured Obligations
Security
Security Interest
Security Period
Taxes
Transaction Documents
Creation of Security
Deposit of Assets
Continuing Security
Representations and Warranties
Covenants
Negative Pledge
Further Assurance
Power of Attorney
Events of Default
Enforcement
Application of Proceeds
Set-off Rights
Currency Conversion
Assignment and Transfer
Notices
Amendments
Severability
Counterparts
Governing Law
Jurisdiction
Service of Process
Waiver of Immunity
Third Party Rights
Costs and Expenses
Indemnification
Confidentiality
Banking
Financial Services
Investment Management
Real Estate
Manufacturing
Trading
Import/Export
Retail
Construction
Infrastructure
Logistics
Technology
Professional Services
Legal
Finance
Risk Management
Compliance
Corporate Secretarial
Credit Administration
Security & Collateral Management
Trade Finance
Treasury
Portfolio Management
Legal Counsel
Corporate Lawyer
Finance Manager
Credit Manager
Risk Manager
Compliance Officer
Security Trustee
Company Secretary
Transaction Manager
Portfolio Manager
Relationship Manager
Credit Officer
Trade Finance Manager
Treasury Manager
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