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Loan Agreement With Security Template for Hong Kong

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Key Requirements PROMPT example:

Loan Agreement With Security

"I need a Loan Agreement With Security for a HKD 5 million business loan to a Hong Kong manufacturing company, secured by equipment and receivables, with quarterly repayments starting March 2025."

Document background
The Loan Agreement With Security is a fundamental financing document used when a lender provides funding to a borrower against specific collateral. This agreement, governed by Hong Kong law, combines two essential elements: the loan facility terms and the security arrangements. It is commonly used in both commercial and individual lending scenarios where the lender requires protection beyond mere contractual promises of repayment. The document must comply with Hong Kong regulatory requirements, including the Money Lenders Ordinance, Companies Ordinance, and relevant security registration requirements. It typically includes detailed provisions on loan disbursement, interest calculations, repayment terms, security creation and perfection, representations and warranties, covenants, events of default, and enforcement mechanisms. The security component can cover various types of assets including real property, equipment, receivables, or shares, making it adaptable to different financing needs while maintaining enforceability under Hong Kong law.
Suggested Sections

1. Parties: Identifies and defines the lender, borrower, and any security providers

2. Background: Sets out the context of the loan and security arrangement

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

4. The Facility: Details of the loan amount, purpose, and drawdown conditions

5. Interest and Fees: Specifies interest rate, calculation method, and all applicable fees

6. Repayment Terms: Sets out repayment schedule, prepayment terms, and payment mechanics

7. Security: Describes the security being provided and creation of security interests

8. Representations and Warranties: Statements of fact by borrower about their status and capacity

9. Covenants: Positive and negative obligations of the borrower during the loan term

10. Events of Default: Circumstances that trigger default and enforcement rights

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

12. Payments and Calculations: Details of payment mechanics, currency, and calculation conventions

13. Changes to Parties: Rules for assignment and transfer of rights

14. Notices: Communication requirements and contact details

15. General Provisions: Standard boilerplate clauses including severability, amendments, etc.

16. Governing Law and Jurisdiction: Specifies Hong Kong law and jurisdiction arrangements

Optional Sections

1. Guarantee: Required if there is a guarantor for the loan obligations

2. Security Trustee Provisions: Required for syndicated loans with multiple lenders

3. Tax Gross Up and Indemnities: Detailed tax provisions for corporate or cross-border loans

4. Increased Costs and Market Disruption: Sophisticated provisions typically used in corporate loans

5. Set-off Rights: Detailed set-off provisions where parties have multiple relationships

6. Currency Provisions: Required for multi-currency facilities or cross-border loans

7. Personal Data Protection: Required when borrower is an individual

8. Registration Requirements: Specific requirements if security requires registration

Suggested Schedules

1. Conditions Precedent: List of documents and conditions required before drawdown

2. Form of Drawdown Request: Template for borrower to request loan disbursement

3. Repayment Schedule: Detailed schedule of repayment dates and amounts

4. Security Details: Detailed description of secured assets and security documents

5. Form of Transfer Certificate: Template for transferring loan participation

6. Interest Calculation Examples: Examples showing how interest will be calculated

7. Form of Compliance Certificate: Template for periodic compliance reporting

8. Addresses for Notices: Contact details for all parties

9. Security Registration Requirements: Details of where and how security interests must be registered

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

Banking

Real Estate

Manufacturing

Retail

Technology

Construction

Infrastructure

Healthcare

Education

Hospitality

Transportation

Agriculture

Energy

Mining

Relevant Teams

Legal

Finance

Credit

Risk Management

Compliance

Treasury

Corporate Secretarial

Commercial

Operations

Loan Administration

Security Administration

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Lawyer

Finance Manager

Credit Manager

Risk Manager

Loan Officer

Security Trustee Officer

Compliance Officer

Treasury Manager

Banking Relationship Manager

Corporate Secretary

Financial Controller

Credit Analyst

Legal Director

Commercial 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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