Real Estate Security Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Real Estate Security Agreement

"I need a Real Estate Security Agreement under Hong Kong law for a commercial property in Tsim Sha Tsui, where the borrower is a property development company securing a HKD 50 million facility from a syndicate of three banks, with the security to be held by a security agent."

Document background
The Real Estate Security Agreement is a crucial document in Hong Kong's property financing landscape, used when real property is offered as collateral for financial obligations. It is commonly utilized in various scenarios including property financing, corporate lending, and development projects where real estate assets serve as security. The agreement must comply with Hong Kong's property laws, particularly the Conveyancing and Property Ordinance (Cap. 219) and Land Registration Ordinance (Cap. 128). It contains essential provisions regarding the creation of security interests, parties' rights and obligations, enforcement mechanisms, and property maintenance requirements. This document is critical for lenders in securing their interests and for borrowers in understanding their obligations when providing property as collateral.
Suggested Sections

1. Parties: Identification of the security provider (chargor/mortgagor) and the security taker (chargee/mortgagee)

2. Background: Context of the security arrangement, reference to any facility agreement or underlying obligations

3. Definitions and Interpretation: Key terms used in the agreement, including property definitions, secured obligations, and interpretation rules

4. Creation of Security: Legal provisions creating the security interest over the property

5. Secured Obligations: Definition and scope of the obligations being secured by the property

6. Representations and Warranties: Security provider's confirmations regarding property ownership, authority, and absence of encumbrances

7. Covenants: Security provider's ongoing obligations regarding property maintenance, insurance, and compliance with laws

8. Events of Default: Circumstances constituting default and triggering enforcement rights

9. Enforcement Rights: Security taker's rights and remedies upon default, including power of sale

10. Assignments and Transfers: Provisions regarding transfer of rights under the agreement

11. Notices: Requirements for giving valid notices under the agreement

12. Governing Law and Jurisdiction: Confirmation of Hong Kong law and jurisdiction

13. Execution: Signature blocks and execution formalities

Optional Sections

1. Security Agent Provisions: Required when security is held by an agent on behalf of multiple beneficiaries

2. Further Advances: Include when the security will secure future advances under a facility

3. Property Management: Include for commercial properties requiring specific management provisions

4. Rental Assignment: Include when the security includes assignment of rental income

5. Insurance Requirements: Detailed insurance provisions for high-value or commercial properties

6. Environmental Matters: Include for industrial properties or where environmental risks exist

7. Construction Obligations: Include when property is under development or construction

8. Multiple Properties: Additional provisions for security over multiple properties

Suggested Schedules

1. Property Description: Detailed legal description of the secured property, including lot number and address

2. Form of Notices: Standard forms for enforcement and other notices

3. Secured Obligations: Detailed description of secured facilities or obligations

4. Insurance Requirements: Specific insurance requirements and minimum coverage

5. Form of Transfer Certificate: Standard form for transferring rights under the security

6. Existing Encumbrances: List of permitted existing encumbrances on the property

7. Property Management Terms: Detailed property management requirements and standards

8. Required Authorizations: List of required governmental and regulatory approvals

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
Clauses
Relevant Industries

Banking & Finance

Real Estate

Property Development

Commercial Property

Residential Property

Construction

Property Investment

Financial Services

Property Management

Legal Services

Relevant Teams

Legal

Real Estate

Finance

Risk Management

Compliance

Corporate Secretarial

Property Management

Credit Administration

Investment

Operations

Relevant Roles

Legal Counsel

Property Lawyer

Real Estate Manager

Finance Director

Chief Financial Officer

Property Development Manager

Risk Manager

Compliance Officer

Banking Relationship Manager

Real Estate Investment Manager

Property Portfolio Manager

Security Trustee

Mortgage Officer

Corporate Lawyer

Company Secretary

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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