The Peer to Peer Loan Agreement is designed for use in direct lending transactions between individuals or entities in Hong Kong, where traditional banking intermediaries are not involved. This document is essential when establishing a formal lending relationship outside of conventional financial institutions, whether for personal, business, or investment purposes. It ensures compliance with Hong Kong's Money Lenders Ordinance (Cap. 163) and other relevant regulations, including interest rate restrictions and documentation requirements. The agreement covers crucial elements such as loan amount, interest calculations, repayment schedules, default provisions, and enforcement mechanisms. It can be used for both secured and unsecured loans, with optional provisions for collateral and guarantees. The document provides legal protection for both lender and borrower while maintaining compliance with Hong Kong's regulatory framework for private lending.
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1. Parties: Identification of the lender and borrower with full legal names and addresses
2. Background: Context of the loan arrangement and relationship between the parties
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Loan Amount and Purpose: Specification of the loan amount and its intended use
5. Interest Rate: Interest rate, calculation method, and payment schedule
6. Repayment Terms: Repayment schedule, method, and conditions
7. Representations and Warranties: Statements of fact and assurances from both parties
8. Borrower's Covenants: Ongoing obligations and commitments of the borrower
9. Events of Default: Circumstances constituting default and consequences
10. Remedies: Rights and remedies available upon default
11. Notices: Method and addresses for formal communications
12. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction
13. General Provisions: Standard boilerplate clauses including severability, entire agreement, etc.
1. Security: Terms regarding any collateral or security for the loan - include if the loan is secured
2. Guarantees: Terms relating to any third-party guarantees - include if there are guarantors
3. Early Repayment: Terms for early loan repayment - include if early repayment is permitted
4. Insurance: Requirements for insurance of any secured assets - include for secured loans
5. Assignment: Rights to assign or transfer the loan - include if transferability is desired
6. Late Payment Interest: Additional interest rates for late payments - include if applicable
7. Electronic Execution: Provisions for electronic signing - include if agreement will be executed electronically
1. Repayment Schedule: Detailed breakdown of repayment dates and amounts
2. Security Details: Description of any security or collateral provided
3. Condition Precedents: List of conditions to be satisfied before loan disbursement
4. Form of Notice: Template for various notices under the agreement
5. KYC Documentation: List of required identity and verification documents
6. Bank Account Details: Banking information for loan disbursement and repayments
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