The Loan Agreement With Car As Collateral is a vital document used in Hong Kong's financial services sector when extending credit secured by a vehicle. This agreement is commonly used by banks, finance companies, and licensed money lenders when providing vehicle financing to both individual and corporate borrowers. It must comply with Hong Kong's regulatory framework, particularly the Money Lenders Ordinance (Cap. 163) and Bills of Sale Ordinance (Cap. 20). The document establishes the loan terms, creates a security interest over the vehicle, sets out maintenance and insurance requirements, and provides for enforcement rights in case of default. It's essential for both new vehicle financing and refinancing situations, and can be adapted for both consumer and commercial lending contexts.
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1. Parties: Identifies the lender and borrower with their full legal names and addresses
2. Background: Sets out the context of the loan and the agreement to use the car as collateral
3. Definitions: Defines key terms used throughout the agreement, including loan amount, interest rate, vehicle details, and security interest
4. Loan Terms: Details of the loan amount, interest rate, repayment schedule, and payment methods
5. Security Interest: Creation and terms of the security interest over the vehicle, including maintenance and insurance requirements
6. Representations and Warranties: Borrower's declarations regarding ownership, condition, and encumbrances on the vehicle
7. Covenants: Ongoing obligations of the borrower regarding vehicle maintenance, insurance, and usage
8. Events of Default: Circumstances constituting default and consequences thereof
9. Enforcement Rights: Lender's rights and remedies upon default, including vehicle repossession procedures
10. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction
1. Guarantor Provisions: Required when there is a guarantor for the loan
2. Insurance Requirements: Detailed section when specific insurance requirements exceed standard provisions
3. Cross-Collateralization: Required when the vehicle secures other obligations besides this loan
4. Additional Security: Used when additional collateral besides the vehicle is provided
5. Special Payment Terms: Required for non-standard payment arrangements or early repayment options
6. Vehicle Usage Restrictions: Added when there are specific restrictions on vehicle use or location
1. Vehicle Details Schedule: Detailed description of the vehicle including make, model, year, registration number, and chassis number
2. Repayment Schedule: Detailed breakdown of payment dates, amounts, and allocation between principal and interest
3. Insurance Requirements Schedule: Specific insurance requirements including types of coverage and minimum amounts
4. Form of Notice of Security Interest: Template for registering the security interest with relevant authorities
5. Condition Report: Detailed report of the vehicle's condition at the time of the agreement
6. Required Maintenance Schedule: Specific maintenance requirements to maintain the value of the security
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