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Forward Sale Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Forward Sale Agreement

"I need a Forward Sale Agreement for the sale of 10,000 metric tons of copper cathodes to be delivered in quarterly installments throughout 2025, with payment to be made in USD and including quality testing requirements at the Hong Kong port of delivery."

Document background
A Forward Sale Agreement is a crucial commercial contract used when parties wish to lock in future trading terms today. This document type is particularly relevant in Hong Kong's dynamic trading environment, where it serves as a risk management tool for businesses dealing with commodities, goods, or assets. The agreement typically includes specific provisions required under Hong Kong law, including detailed terms about the future sale, price mechanisms, delivery arrangements, and risk allocation. It's commonly used in international trade, financial services, and commodities trading, where parties need to hedge against price fluctuations or secure future supply. The document must comply with Hong Kong's legal framework, including the Securities and Futures Ordinance and the Contracts Ordinance, particularly regarding enforceability and regulatory requirements.
Suggested Sections

1. Parties: Identification of the seller and buyer with full legal names and addresses

2. Background: Context of the forward sale arrangement and brief description of the transaction

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

4. Sale and Purchase: Core terms of the forward sale including subject matter, quantity, and quality specifications

5. Price and Payment: Purchase price, payment schedule, and payment mechanisms

6. Delivery: Delivery terms, timing, location, and procedures

7. Conditions Precedent: Any conditions that must be satisfied before the agreement becomes effective

8. Representations and Warranties: Statements of fact and assurances from both parties

9. Covenants: Ongoing obligations of the parties during the agreement term

10. Risk and Title: Transfer of risk and ownership provisions

11. Default and Termination: Events of default, remedies, and termination rights

12. Force Majeure: Provisions for unforeseen circumstances affecting performance

13. Governing Law and Jurisdiction: Hong Kong law as governing law and jurisdiction provisions

14. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

Optional Sections

1. Quality Assurance: Detailed quality standards and testing procedures - required for commodity forward sales

2. Storage and Warehousing: Storage requirements and responsibilities - needed for physical goods

3. Insurance: Insurance requirements and responsibilities - important for high-value or risk-sensitive transactions

4. Security Arrangements: Any security or collateral requirements - needed if credit support is required

5. Regulatory Compliance: Specific regulatory requirements - needed for regulated products or parties

6. Tax Provisions: Specific tax-related provisions - needed for cross-border or complex transactions

7. Broker Provisions: Terms relating to broker involvement - needed if brokers are involved

8. Electronic Trading Provisions: Terms for electronic trading platforms - needed for electronically traded forwards

Suggested Schedules

1. Product Specifications: Detailed specifications of the subject matter of the forward sale

2. Pricing Mechanism: Detailed pricing calculations and adjustments

3. Delivery Schedule: Detailed delivery timelines and procedures

4. Quality Standards: Detailed quality requirements and testing procedures

5. Form of Notices: Standard forms for various notices under the agreement

6. Required Documents: List and forms of documents required for delivery/settlement

7. Contact Details: Contact information for key personnel and authorized representatives

8. Form of Certificates: Standard forms for any required certificates

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



















































Clauses







































Relevant Industries

Financial Services

Commodities Trading

Agriculture

Mining

Energy

Manufacturing

International Trade

Shipping and Logistics

Real Estate

Technology

Relevant Teams

Legal

Finance

Trading

Risk Management

Compliance

Operations

Treasury

Commercial

Supply Chain

Business Development

Contract Administration

Relevant Roles

Chief Financial Officer

Trading Manager

Risk Manager

Legal Counsel

Compliance Officer

Commercial Director

Treasury Manager

Operations Manager

Contract Administrator

Business Development Manager

Supply Chain Manager

Finance Director

Head of Trading

General Counsel

Chief Operating Officer

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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