Solvency Confirmation Letter Template for Hong Kong

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Key Requirements PROMPT example:

Solvency Confirmation Letter

"I need a Solvency Confirmation Letter for our Hong Kong subsidiary to support a proposed dividend distribution of HKD 50 million planned for March 2025, which needs to include specific references to both cash flow and balance sheet solvency tests."

Document background
A Solvency Confirmation Letter is a crucial document in Hong Kong's corporate governance framework, required in various business contexts to provide formal assurance of a company's financial stability and ability to meet its obligations. This document is typically required when companies undertake significant corporate actions such as dividend distributions, share buybacks, corporate restructuring, or major transactions. The letter must comply with Hong Kong's Companies Ordinance and related regulations, confirming both cash flow and balance sheet solvency tests. Directors and authorized signatories must exercise due diligence in preparing this confirmation, as it carries significant legal implications and potential personal liability. The document typically includes detailed financial assessments, directors' statements, and may be supported by financial metrics and professional advisors' input.
Suggested Sections

1. Letter Header: Company letterhead, date, and recipient details

2. Reference Line: Reference to any relevant transaction, corporate action, or purpose for the solvency confirmation

3. Company Identification: Full legal name of the company, registration number, and registered address

4. Declaration of Authority: Statement of the signatory's position and authority to make the solvency confirmation

5. Solvency Confirmation: Express confirmation that the company meets the solvency test under Hong Kong law, including both cash flow and balance sheet tests

6. Basis of Confirmation: Statement of the financial information and time period considered in making the solvency assessment

7. Directors' Statement: Confirmation that directors have made necessary inquiries and formed reasonable opinions about the company's solvency

8. Signature Block: Signature, name, position of authorized signatory, and date of signing

Optional Sections

1. Purpose Statement: Specific purpose for which the solvency confirmation is being provided (e.g., dividend distribution, share buyback) - include when the letter is tied to a specific corporate action

2. Financial Metrics: Key financial ratios or metrics supporting the solvency conclusion - include when required by the recipient or for additional assurance

3. Qualifying Statements: Any limitations, assumptions, or qualifications to the solvency confirmation - include when necessary for risk management

4. Related Party Confirmation: Confirmation regarding related party transactions affecting solvency - include when there are significant related party dealings

5. Forward-Looking Statement: Statement about expected future solvency - include when specifically requested or for major transactions

Suggested Schedules

1. Financial Summary: Summary of key financial figures supporting the solvency confirmation

2. Board Resolution: Copy of the board resolution authorizing the issuance of the solvency confirmation letter

3. Supporting Calculations: Detailed calculations demonstrating compliance with solvency tests

4. List of Material Obligations: Schedule of significant financial obligations and contingent liabilities considered in the solvency assessment

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 Industries

Financial Services

Banking

Insurance

Investment Management

Real Estate

Manufacturing

Retail

Technology

Telecommunications

Professional Services

Healthcare

Energy

Mining

Construction

Transportation and Logistics

Relevant Teams

Finance

Legal

Corporate Secretarial

Risk Management

Compliance

Treasury

Internal Audit

Corporate Governance

Executive Management

Board of Directors

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Finance Director

Company Director

Company Secretary

Financial Controller

Treasury Manager

Corporate Governance Officer

Risk Management Officer

Compliance Officer

Board Chairman

Audit Committee Chairman

Managing Director

Executive Director

Non-Executive Director

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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