The Money Lending Contract is a crucial document used in Hong Kong's financial services sector when a licensed money lender provides loans to individuals or businesses. It must strictly comply with the Money Lenders Ordinance (Cap. 163) and its regulations, which mandate specific content, warnings, and interest rate calculations. This document is essential for protecting both lender and borrower interests, establishing clear repayment terms, and ensuring regulatory compliance. It's particularly important given Hong Kong's strict regulatory environment for money lending activities, with significant penalties for non-compliance. The contract typically includes provisions for loan amount, interest calculation, repayment schedule, security arrangements, and default scenarios, all within the framework of Hong Kong law.
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Key Requirements PROMPT example:
Money Lending Contract
"I need a Money Lending Contract for a secured business loan of HKD 5 million to a manufacturing company, with quarterly repayments over 3 years starting March 2025, including provisions for company assets as collateral and personal guarantee from the company director."
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1. Parties: Identification of the lender and borrower with full legal names and addresses
2. Background: Context of the loan agreement and relationship between parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the principal amount and permitted use of the loan
5. Interest Rate: Interest rate, calculation method, and effective interest rate disclosure as required by the Money Lenders Ordinance
6. Repayment Terms: Payment schedule, installment amounts, and payment methods
7. Representations and Warranties: Borrower's confirmations regarding their financial status, capacity, and accuracy of information provided
8. Events of Default: Circumstances constituting default and consequences thereof
9. Early Repayment: Terms and conditions for early repayment and any applicable fees
10. Costs and Expenses: Allocation of legal fees, stamp duty, and other expenses
11. Notices: Method and addresses for formal communications between parties
12. Governing Law and Jurisdiction: Confirmation of Hong Kong law and jurisdiction
1. Security Arrangements: Include when the loan is secured by assets or property
2. Guarantor Provisions: Include when there is a guarantor for the loan
3. Insurance Requirements: Include when insurance of security or borrower is required
4. Special Drawdown Conditions: Include for loans with multiple drawdown periods or special conditions
5. Assignment and Transfer: Include when rights to assign or transfer the loan are contemplated
6. Joint and Several Liability: Include when there are multiple borrowers
7. Post-Default Interest: Include when different interest rates apply after default
1. Schedule 1 - Loan Details: Detailed breakdown of loan amount, interest rate, and payment schedule
2. Schedule 2 - Drawdown Notice: Form of drawdown notice if applicable
3. Schedule 3 - Security Details: Description of any security assets and their valuation
4. Schedule 4 - Fees and Charges: Detailed breakdown of all applicable fees and charges
5. Schedule 5 - Required Documents: List of documents required from borrower
6. Appendix A - Personal Data Collection Statement: Statement complying with Personal Data (Privacy) Ordinance
7. Appendix B - Standard Warning Statement: Warning statements required under Money Lenders Ordinance
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Consumer Finance
Real Estate
Commercial Lending
Small and Medium Enterprises
Retail
Professional Services
Manufacturing
Trading
Relevant Teams
Legal
Compliance
Finance
Credit Risk
Operations
Corporate Finance
Credit Assessment
Debt Recovery
Document Management
Client Relations
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Legal Counsel
Compliance Officer
Credit Risk Manager
Loan Officer
Financial Controller
Corporate Finance Manager
Credit Analyst
Legal Manager
Operations Manager
Company Secretary
Risk Assessment Officer
Debt Recovery Manager
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