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Property Loan Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Property Loan Agreement

"I need a Hong Kong Property Loan Agreement for a HK$15 million residential property purchase, where the borrower is an individual and the lender is ABC Bank Limited, with the loan to be secured by a first legal charge over the property and personal guarantee from the borrower's spouse."

Document background
The Property Loan Agreement is a crucial document used in Hong Kong's property financing landscape when a lender provides funding for property acquisition, development, or refinancing. It serves as the primary agreement governing the lending relationship, incorporating Hong Kong's specific regulatory requirements, including those under the Banking Ordinance, Money Lenders Ordinance, and Conveyancing and Property Ordinance. The agreement typically includes detailed provisions on loan disbursement, interest calculations, security creation, borrower obligations, and enforcement mechanisms. It is essential for both institutional and private lending transactions involving real estate in Hong Kong, requiring careful consideration of local property registration requirements, stamp duty obligations, and banking regulations.
Suggested Sections

1. Parties: Identification of the lender and borrower with full legal names and addresses

2. Background: Context of the loan agreement, including purpose of the loan and brief description of the property

3. Definitions: Definitions of key terms used throughout the agreement

4. Loan Amount and Purpose: Specification of the loan amount, currency, and confirmed purpose of the loan

5. Interest and Fees: Details of interest rate(s), calculation method, and all applicable fees

6. Repayment Terms: Repayment schedule, payment methods, and prepayment provisions

7. Security: Details of the mortgage or charge over the property and any additional security

8. Conditions Precedent: Conditions that must be satisfied before the loan is advanced

9. Representations and Warranties: Borrower's confirmations regarding their status, the property, and other material facts

10. Covenants: Ongoing obligations of the borrower during the loan term

11. Events of Default: Circumstances constituting default and consequences

12. Enforcement: Lender's rights and remedies upon default

13. Notices: Process for giving formal notices under the agreement

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

15. Execution: Signature blocks and execution formalities

Optional Sections

1. Guarantees: Required when there are third-party guarantors for the loan

2. Insurance Requirements: Detailed insurance obligations when specific insurance coverage is required beyond standard property insurance

3. Property Management: Include when there are specific requirements about property maintenance or usage

4. Special Drawdown Conditions: For loans with multiple drawdown periods or special drawdown requirements

5. Tax Provisions: Detailed tax clauses when complex tax arrangements apply

6. Change of Control: Required for corporate borrowers to address ownership changes

7. Property Valuation: Specific provisions about property valuation requirements when regular valuations are required

Suggested Schedules

1. Property Details: Full legal description and details of the property

2. Repayment Schedule: Detailed amortization schedule showing payment dates and amounts

3. Fee Schedule: Comprehensive list of all fees and charges

4. Form of Drawdown Notice: Template for requesting loan disbursements

5. Conditions Precedent Documents: List of required documents and conditions to be satisfied

6. Insurance Requirements: Detailed specifications for required insurance coverage

7. Form of Security Documents: Templates or copies of related security documents

8. Property Valuation Report: Current valuation report of the property

Authors

Alex Denne

Head of Growth (Open Source Law) @ 红杏直播 | 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 & Financial Services

Real Estate

Property Development

Mortgage Broking

Legal Services

Property Investment

Construction

Insurance

Property Management

Corporate Services

Relevant Teams

Legal

Property Finance

Credit Risk

Compliance

Real Estate

Corporate Banking

Documentation

Loan Operations

Credit Analysis

Property Management

Due Diligence

Transaction Management

Relevant Roles

Legal Counsel

Property Finance Manager

Mortgage Officer

Credit Risk Manager

Compliance Officer

Real Estate Manager

Property Developer

Banking Relationship Manager

Corporate Lawyer

Financial Controller

Credit Analyst

Property Investment Manager

Due Diligence Officer

Documentation Specialist

Loan Officer

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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