Prepayment Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Prepayment Agreement

"I need a Prepayment Agreement for our Hong Kong manufacturing company to make advance payments of HKD 5 million to our Chinese supplier, with the prepayment to be made in three installments starting March 2025, secured by a parent company guarantee."

Document background
The Prepayment Agreement is essential in commercial transactions where one party needs to make advance payments to another, typically for future goods, services, or other obligations. This document is particularly relevant under Hong Kong law, where significant international trade and commercial transactions often require structured prepayment arrangements. The agreement provides legal certainty by clearly defining the terms of the prepayment, including amount, timing, use restrictions, and application method. It incorporates necessary safeguards and compliance measures aligned with Hong Kong financial regulations and commercial practice. The document is commonly used in manufacturing contracts, large-scale service agreements, and international trade transactions where advance funding is required to secure performance or manage cash flow requirements.
Suggested Sections

1. Parties: Identification of the parties entering into the prepayment agreement

2. Background: Context of the prepayment arrangement and commercial relationship between the parties

3. Definitions and Interpretation: Key terms used throughout the agreement and rules of interpretation

4. Prepayment Amount and Purpose: Specification of the prepayment amount and its intended use

5. Payment Terms: Details of how and when the prepayment will be made

6. Use of Prepayment: Restrictions and conditions on how the prepayment can be used

7. Repayment or Application: Terms governing how the prepayment will be applied to future obligations or repaid

8. Representations and Warranties: Standard and specific representations made by both parties

9. Undertakings: Ongoing obligations of the parties during the term of the agreement

10. Events of Default: Circumstances that constitute default and consequences

11. Termination: Circumstances and process for ending the agreement

12. Notices: How formal communications between parties should be made

13. General Provisions: Standard boilerplate clauses including governing law, assignment, and amendments

Optional Sections

1. Interest: Terms for interest on the prepayment amount, if applicable

2. Security: Details of any security or collateral provided for the prepayment

3. Multiple Drawdown Provisions: If the prepayment is to be made in multiple installments

4. Set-off Rights: Rights to set off the prepayment against other obligations

5. Tax Provisions: Allocation of tax liabilities and withholding obligations

6. Currency Provisions: If prepayment involves multiple currencies or exchange rate considerations

7. Force Majeure: Provisions for handling unforeseen circumstances affecting the agreement

Suggested Schedules

1. Payment Schedule: Detailed schedule of payment amounts and dates

2. Calculation of Interest: Method and examples of interest calculations if applicable

3. Form of Drawdown Notice: Template for requesting installments of the prepayment

4. Form of Utilization Request: Template for requesting use of prepaid amounts

5. Security Documents: Forms of any security documents required

6. Contact Details: List of authorized representatives and contact information

7. Conditions Precedent Documents: List of required documents and conditions to be satisfied before prepayment

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

Manufacturing

Construction

International Trade

Technology Services

Energy and Resources

Telecommunications

Real Estate Development

Industrial Equipment

Retail and Distribution

Professional Services

Relevant Teams

Legal

Finance

Treasury

Procurement

Commercial Operations

Risk Management

Supply Chain

Accounts Payable

Credit Control

Compliance

Relevant Roles

Chief Financial Officer

Finance Director

Commercial Director

Treasury Manager

Procurement Manager

Legal Counsel

Contract Manager

Financial Controller

Supply Chain Manager

Risk Manager

Accounts Payable Manager

Credit Controller

Commercial Operations 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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