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Pre Authorized Payment Agreement
"I need a Pre-Authorized Payment Agreement under Hong Kong law for a subscription-based software service, where our company will collect monthly payments of HKD 2,000 from enterprise clients starting March 2025, with the ability to adjust payment amounts quarterly with 30 days notice."
1. Parties: Identification of the account holder (payor), the beneficiary (payee), and the bank/financial institution
2. Background: Brief context explaining the purpose of the payment arrangement and the relationship between the parties
3. Definitions: Key terms used throughout the agreement including 'Payment Date', 'Authorized Amount', 'Account', etc.
4. Payment Authorization: Core section detailing the authorization granted by the account holder for automatic debits
5. Payment Details: Specifics of the payment arrangement including amount, frequency, and duration
6. Bank Account Information: Details of the relevant bank accounts for both payor and payee
7. Representations and Warranties: Confirmations from both parties regarding their authority and capacity to enter into the agreement
8. Modification and Termination: Process for changing or ending the payment arrangement
9. Notice Requirements: Communication requirements for changes, failed payments, or other relevant notices
10. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction
1. Multiple Account Provisions: Required when authorization covers multiple bank accounts
2. Variable Amount Provisions: Needed when payment amounts may vary (e.g., utility bills)
3. Direct Debit Authorization: Additional section required for direct debit arrangements through specific bank schemes
4. Foreign Currency Provisions: Required when payments involve currency conversion
5. Electronic Communication Consent: Optional section for agreements managed primarily through electronic means
6. Dispute Resolution: Detailed dispute resolution procedures beyond standard jurisdiction clause
7. Force Majeure: Provisions for handling payment disruptions due to circumstances beyond parties' control
1. Schedule 1 - Payment Schedule: Detailed breakdown of payment dates, amounts, and frequency
2. Schedule 2 - Bank Account Details: Complete banking information including account numbers, bank codes, and branch details
3. Schedule 3 - Required Forms: Bank-specific forms or documents required for payment processing
4. Appendix A - Notice Forms: Template forms for modification, cancellation, or other notices
5. Appendix B - Fee Schedule: If applicable, breakdown of any processing fees or charges
6. Appendix C - Terms and Conditions: Any additional terms and conditions referenced by the main agreement
Authors
Banking and Financial Services
Insurance
Utilities
Telecommunications
Property Management
Education
Subscription Services
Retail
Professional Services
Healthcare
Legal
Compliance
Finance
Operations
Treasury
Risk Management
Customer Service
Account Management
Business Development
Administration
Legal Counsel
Compliance Officer
Financial Controller
Account Manager
Payment Operations Manager
Treasury Manager
Risk Manager
Company Secretary
Business Development Manager
Customer Service Manager
Finance Director
Banking Relationship Manager
Operations Director
Credit Controller
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