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Common Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Common Agreement

"I need a Common Agreement between my Hong Kong technology consulting firm and a mainland Chinese manufacturer for the provision of IT advisory services, including data protection clauses and cross-border payment terms, to commence from March 1, 2025."

Document background
The Common Agreement serves as a foundational legal instrument in Hong Kong's commercial landscape, designed to facilitate various business transactions and relationships. This document type is particularly valuable when parties need a robust yet flexible agreement that can be adapted to different commercial contexts while maintaining compliance with Hong Kong law. It incorporates key provisions required by Hong Kong legislation and common law principles, making it suitable for both domestic and international business dealings. The Common Agreement is frequently used when parties need a comprehensive yet standardized approach to documenting their legal relationship, particularly in situations where specialized agreement types may not be necessary. It includes essential elements such as clear party identification, detailed obligations, risk allocation, and dispute resolution mechanisms, all drafted in accordance with Hong Kong legal requirements.
Suggested Sections

1. Parties: Identifies and provides full details of all parties to the agreement

2. Background: Sets out the context and purpose of the agreement

3. Definitions and Interpretation: Defines key terms and establishes interpretation rules

4. Scope of Agreement: Outlines the main subject matter and obligations

5. Duration and Term: Specifies the commencement date and duration of the agreement

6. Payment Terms: Details the payment obligations, amounts, and timing

7. Obligations and Responsibilities: Lists the specific duties of each party

8. Representations and Warranties: States the assurances given by each party

9. Termination: Specifies how and when the agreement can be terminated

10. Confidentiality: Establishes obligations regarding confidential information

11. Governing Law and Jurisdiction: Confirms Hong Kong law applies and jurisdiction for disputes

12. General Provisions: Contains standard boilerplate clauses

13. Execution: Signature blocks and execution formalities

Optional Sections

1. Intellectual Property Rights: Include when IP rights are being transferred or licensed

2. Data Protection: Include when personal data processing is involved

3. Force Majeure: Include when protection against unforeseen events is needed

4. Non-Competition: Include when restricting competitive activities

5. Assignment and Subcontracting: Include when transfer rights need to be specifically addressed

6. Insurance: Include when specific insurance requirements exist

7. Audit Rights: Include when one party needs right to audit the other

8. Change Control: Include when formal process for changes is needed

Suggested Schedules

1. Schedule 1 - Services/Products Description: Detailed description of services or products covered

2. Schedule 2 - Pricing and Payment Terms: Detailed breakdown of prices and payment structure

3. Schedule 3 - Service Levels: Performance metrics and service standards

4. Schedule 4 - Key Personnel: Details of key staff involved in delivery

5. Schedule 5 - Permitted Uses: Specific authorized uses of services/products

6. Appendix A - Technical Specifications: Technical details and requirements

7. Appendix B - Form of Notice: Template for formal notices under the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



































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Relevant Industries

Financial Services

Professional Services

Trading and Commerce

Technology

Real Estate

Manufacturing

Retail

Healthcare

Education

Construction

Logistics

Hospitality

Media and Entertainment

Telecommunications

Relevant Teams

Legal

Compliance

Commercial

Operations

Business Development

Risk Management

Finance

Procurement

Company Secretariat

Corporate Governance

Contract Administration

Relevant Roles

Legal Counsel

Contract Manager

Business Development Manager

Commercial Director

Chief Legal Officer

Company Secretary

Compliance Officer

Risk Manager

Operations Manager

Project Manager

General Manager

Chief Executive Officer

Chief Financial Officer

Procurement Manager

Business Owner

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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