The Forward Funding Agreement is a crucial document in Hong Kong's property development landscape, typically used when institutional investors or financial institutions seek to fund property developments from the ground up. This arrangement differs from traditional development financing as the funder takes a more active role and typically acquires the underlying land interest. The document is particularly relevant in Hong Kong's dynamic real estate market, where high land values and construction costs necessitate sophisticated funding structures. The agreement comprehensively covers funding mechanics, development obligations, security arrangements, and risk allocation, while ensuring compliance with Hong Kong's regulatory requirements including building ordinances, planning regulations, and financial services laws. Forward Funding Agreements are especially valuable for large-scale developments where developers seek to minimize upfront capital requirements while providing funders with greater control and security over the development process.
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1. Parties: Identification of the Funder and Developer/Property Owner
2. Background: Context of the development project and funding arrangement
3. Definitions and Interpretation: Key terms used throughout the agreement and interpretation rules
4. Conditions Precedent: Prerequisites that must be satisfied before funding obligations commence
5. Funding Obligations: Core funding commitments, including amount, purpose, and mechanics
6. Drawdown Mechanics: Procedures and requirements for accessing the funding
7. Development Obligations: Developer's obligations regarding construction and development
8. Project Monitoring: Funder's rights to monitor development progress and costs
9. Representations and Warranties: Standard and specific assurances from both parties
10. Security Arrangements: Security package and ranking of security interests
11. Cost Overruns: Responsibility and mechanics for handling cost overruns
12. Completion Requirements: Conditions and standards for practical completion
13. Insurance Requirements: Required insurance coverage and claim procedures
14. Events of Default: Circumstances constituting default and consequences
15. Termination: Termination rights and procedures
16. Assignment and Transfer: Rights and restrictions on transfer of interests
17. Confidentiality: Confidentiality obligations and permitted disclosures
18. Notices: Communication procedures between parties
19. Governing Law and Jurisdiction: Hong Kong law and jurisdiction provisions
20. General Provisions: Standard boilerplate clauses
1. Third Party Contractors: Required when specific contractors are key to the development and need direct obligations
2. Phased Development: Needed for projects with multiple development phases
3. Pre-lets and Sales: Required when pre-letting or pre-sales are part of the funding structure
4. Environmental Compliance: Needed for projects with significant environmental considerations
5. Planning Obligations: Required when specific planning conditions need to be satisfied
6. Joint Venture Provisions: Needed if the development involves a joint venture structure
7. Profit Share Arrangements: Required when the funder participates in development profits
8. Step-in Rights: Optional provisions for funder to take control of the development
9. Design Approval Rights: Needed when funder requires specific design approval rights
1. Property Description: Detailed description of the development site and title information
2. Development Program: Detailed timeline and milestones for the development
3. Funding Schedule: Detailed breakdown of funding amounts and timing
4. Form of Drawdown Notice: Template for drawdown requests
5. Development Budget: Detailed project costs and contingencies
6. Construction Specifications: Detailed building specifications and requirements
7. Form of Collateral Warranties: Standard forms for contractor warranties
8. Professional Team: Details of key consultants and contractors
9. Form of Progress Report: Template for regular development progress reports
10. Planning Permissions: Copies of relevant planning approvals and conditions
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Construction
Banking & Finance
Investment Management
Property Development
Infrastructure
Commercial Property
Residential Property
Urban Development
Asset Management
Relevant Teams
Legal
Real Estate
Development
Construction
Finance
Investment
Risk & Compliance
Project Management
Asset Management
Treasury
Property Management
Relevant Roles
Chief Investment Officer
Development Director
Project Manager
Real Estate Finance Manager
Construction Manager
Legal Counsel
Investment Manager
Asset Manager
Finance Director
Risk Manager
Property Director
Development Executive
Transaction Manager
Fund Manager
Compliance Officer
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