The Loan Facilitation Agreement is essential for businesses providing intermediary services in Hong Kong's lending market. It is particularly relevant in the current financial landscape where traditional and alternative lending platforms coexist. The agreement is designed to comply with Hong Kong's regulatory framework, including the Money Lenders Ordinance, AML requirements, and data privacy laws. It establishes the legal foundation for facilitators connecting lenders with borrowers, defining service scope, fee structures, and compliance obligations. This document is crucial for both traditional financial institutions and fintech companies, especially those operating digital lending platforms or providing loan matching services. The agreement addresses key aspects such as facilitator's duties, risk allocation, regulatory compliance, and operational procedures, while incorporating necessary safeguards for all parties involved.
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1. Parties: Identifies the loan facilitator, and whether they are acting as agent or broker
2. Background: Explains the context of the agreement, including the facilitator's role in connecting lenders and borrowers
3. Definitions: Defines key terms used throughout the agreement, including 'Facilitation Services', 'Loan Agreement', 'Platform' if applicable
4. Scope of Services: Details the specific services provided by the facilitator, including loan matching, documentation assistance, and any administrative services
5. Facilitator's Obligations: Lists the facilitator's duties, including due diligence, documentation preparation, and compliance requirements
6. Fees and Payment Terms: Specifies facilitation fees, payment structure, and timing of payments
7. Representations and Warranties: Standard warranties about capacity, authority, and compliance with laws
8. Compliance Requirements: Details compliance with Money Lenders Ordinance, AML requirements, and other applicable regulations
9. Confidentiality: Provisions for handling confidential information and personal data
10. Term and Termination: Duration of the agreement and circumstances for termination
11. Liability and Indemnification: Limits of facilitator's liability and indemnification provisions
12. General Provisions: Standard boilerplate clauses including notices, amendments, governing law
1. Platform Terms: Required when the facilitation services are provided through an online platform
2. Multiple Lender Provisions: Required when the facilitator works with multiple lenders or a syndicate
3. Credit Assessment Services: Include when the facilitator provides credit assessment or scoring services
4. Loan Management Services: Include when the facilitator provides ongoing loan management or collection services
5. Marketing Services: Include when the facilitator provides marketing or promotional services for the lender
6. Security Arrangements: Required when the facilitator handles or arranges loan security documentation
7. Insurance Arrangements: Include when loan-related insurance products are facilitated
8. Cross-Border Provisions: Required for facilitation of loans involving parties outside Hong Kong
1. Schedule 1: Service Fee Schedule: Detailed breakdown of all fees and charges
2. Schedule 2: Service Level Requirements: Specific performance metrics and service standards
3. Schedule 3: Compliance Procedures: Detailed AML and KYC procedures to be followed
4. Schedule 4: Required Documents: List of documents required for loan applications and verification
5. Schedule 5: Form of Loan Agreement: Standard template for loan agreements if provided by facilitator
6. Schedule 6: Data Protection Requirements: Detailed procedures for handling personal data
7. Appendix A: Contact Details: Key contacts and escalation procedures
8. Appendix B: Platform Specifications: Technical specifications if an online platform is used
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