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Financial Assistance Agreement for Hong Kong

Financial Assistance Agreement Template for Hong Kong

A Financial Assistance Agreement under Hong Kong law is a formal legal document that outlines the terms and conditions under which one party provides financial support to another. This document is structured to comply with Hong Kong's Companies Ordinance and related financial regulations, incorporating necessary provisions for security, repayment terms, and regulatory compliance. It includes comprehensive details about the financial arrangement, conditions precedent, representations and warranties, and events of default, while ensuring adherence to Hong Kong's strict financial assistance rules, particularly regarding share acquisitions and corporate benefit requirements.

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Financial Assistance Agreement

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What is a Financial Assistance Agreement?

The Financial Assistance Agreement is a crucial document used in Hong Kong's business environment when one entity provides financial support to another, whether through loans, guarantees, security provision, or other financial arrangements. This agreement type is particularly important in light of Hong Kong's strict regulatory framework, especially sections 274-289 of the Companies Ordinance, which govern financial assistance transactions. The document serves multiple purposes: it protects the interests of both the provider and recipient of financial assistance, ensures compliance with regulatory requirements, establishes clear repayment terms, and documents any security arrangements. It is commonly used in corporate restructuring, acquisition financing, and general corporate funding scenarios, requiring careful consideration of Hong Kong's financial regulations, company law, and market practices.

What sections should be included in a Financial Assistance Agreement?

1. Parties: Identification of the provider and recipient of financial assistance, including full legal names and registration details

2. Background: Context of the financial assistance arrangement and relationship between the parties

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

4. Purpose of Financial Assistance: Clear statement of the intended use of the financial assistance

5. Amount and Terms of Financial Assistance: Specification of the amount, interest rates, and key financial terms

6. Disbursement Conditions: Conditions precedent for disbursement of funds

7. Repayment Terms: Schedule and method of repayment, including early repayment provisions

8. Security and Collateral: Details of any security or collateral provided for the financial assistance

9. Representations and Warranties: Standard representations and warranties from both parties

10. Covenants: Positive and negative covenants applicable to the recipient

11. Events of Default: Circumstances constituting default and consequences

12. Termination: Conditions and process for termination of the agreement

13. General Provisions: Standard clauses including notices, amendments, governing law, etc.

What sections are optional to include in a Financial Assistance Agreement?

1. Guarantees: Required when there is a third-party guarantor for the financial assistance

2. Special Purpose Vehicle Provisions: Needed when the financial assistance is provided through or to an SPV

3. Regulatory Compliance: Additional section when the transaction involves regulated activities or entities

4. Tax Provisions: Detailed tax implications and responsibilities when significant tax considerations exist

5. Subordination: Required when the financial assistance needs to be subordinated to other debt

6. Insurance Requirements: Specific insurance obligations when required for the type of financial assistance

7. Cross-Default Provisions: When the financial assistance is linked to other financing arrangements

What schedules should be included in a Financial Assistance Agreement?

1. Schedule 1 - Payment Schedule: Detailed breakdown of payment dates, amounts, and calculation methods

2. Schedule 2 - Conditions Precedent: List of all documents and conditions required before disbursement

3. Schedule 3 - Security Details: Comprehensive description of security or collateral arrangements

4. Schedule 4 - Form of Drawdown Notice: Template for requesting disbursement of funds

5. Schedule 5 - Compliance Certificates: Templates for ongoing compliance certification

6. Appendix A - Required Documents: List of supporting documents to be maintained during the agreement term

7. Appendix B - Relevant Corporate Authorizations: Copies of corporate approvals and authorizations

Authors

Alex Denne

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

Jurisdiction

Hong Kong

Document Type

Letter of Authority

Sector

Banking

Cost

Free to use
Relevant legal definitions















































Clauses






























Relevant Industries

Banking & Financial Services

Real Estate & Property Development

Manufacturing

Technology & Innovation

Infrastructure & Construction

Retail & Consumer Goods

Healthcare & Pharmaceuticals

Education

Professional Services

Telecommunications

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Corporate Secretarial

Credit

Corporate Development

Investment

Board of Directors

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Lawyer

Financial Controller

Treasury Manager

Risk Manager

Compliance Officer

Company Secretary

Credit Manager

Investment Director

Corporate Finance Manager

Managing Director

Board 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, 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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