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Late Payment Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Late Payment Agreement

"I need a Late Payment Agreement for my manufacturing company based in Hong Kong, acting as creditor to a retail client who owes HKD 500,000 and has agreed to pay in monthly installments over 18 months with 5% interest."

Document background
The Late Payment Agreement serves as a crucial document for businesses and individuals operating under Hong Kong law who need to formalize arrangements for settling overdue payments. It is typically used when a debtor has defaulted on original payment terms but both parties wish to maintain a business relationship and agree on a structured repayment plan. The document addresses key aspects including acknowledgment of the original debt, new payment schedules, interest calculations compliant with Hong Kong regulations, and consequences of default. This agreement is particularly relevant in today's business environment where cash flow management and debt restructuring have become increasingly important. It provides legal protection for both creditor and debtor while ensuring compliance with Hong Kong's Contract Law, Money Lenders Ordinance, and other relevant legislation.
Suggested Sections

1. Parties: Identifies and defines the Creditor and Debtor, including full legal names and addresses

2. Background: Describes the original debt, circumstances leading to late payment, and purpose of this agreement

3. Definitions: Defines key terms used throughout the agreement including 'Original Debt', 'Late Payment Interest', 'Payment Schedule'

4. Acknowledgment of Debt: Formal acknowledgment of the outstanding amount and its validity by the Debtor

5. Payment Terms: Details of the new payment arrangement including amounts, dates, and method of payment

6. Interest and Charges: Specifies late payment interest rates, calculation methods, and any additional charges

7. Default Provisions: Consequences of failing to meet the new payment terms, including acceleration clauses

8. Representations and Warranties: Basic declarations by both parties regarding their capacity and authority to enter into the agreement

9. Notices: How formal communications between parties should be made and delivered

10. Governing Law and Jurisdiction: Confirms Hong Kong law governs the agreement and jurisdiction for disputes

11. Execution: Signature blocks and execution requirements

Optional Sections

1. Security Provisions: Include when the debt is secured by assets or guarantees

2. Guarantee: Include when a third party is guaranteeing the debt payments

3. Early Payment Provisions: Include if there are discounts or benefits for early payment

4. Confidentiality: Include for sensitive commercial arrangements or when requested by either party

5. Force Majeure: Include for longer-term payment arrangements where external events might affect payment ability

6. Assignment: Include if either party needs the right to assign the agreement to another party

7. Variation: Include when parties want flexibility to modify payment terms under specific circumstances

Suggested Schedules

1. Payment Schedule: Detailed breakdown of payment amounts and due dates

2. Original Debt Documentation: Copies or details of the original agreements or invoices creating the debt

3. Interest Calculation Method: Detailed explanation of how interest is calculated and applied

4. Security Details: If applicable, details of any security or collateral provided

5. Contact Details: List of relevant contact persons and their details for both parties

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






























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Relevant Industries

Financial Services

Retail

Manufacturing

Construction

Professional Services

Technology

Real Estate

Healthcare

Education

Wholesale Trade

Logistics

Hospitality

Relevant Teams

Finance

Legal

Accounts Receivable

Credit Control

Treasury

Risk Management

Compliance

Commercial Operations

Debt Recovery

Corporate Secretarial

Relevant Roles

Chief Financial Officer

Finance Director

Credit Controller

Accounts Receivable Manager

Collections Manager

Financial Controller

Treasury Manager

Legal Counsel

Company Secretary

Risk Manager

Commercial Director

Business Development Manager

Debt Recovery Specialist

Financial Analyst

Compliance 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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