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.
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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, 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
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
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
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
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