The Property Loan Note is a fundamental document in Hong Kong's secured lending practice, used when providing loans secured against real estate assets. It combines elements of a promissory note with security documentation, creating a legally binding obligation while establishing a security interest over specified property. The document must comply with Hong Kong's strict requirements regarding property charges, registration, and banking regulations. It's particularly relevant in Hong Kong's dynamic property market, where property-secured lending is common for both commercial and residential purposes. The Property Loan Note typically includes detailed provisions about the loan terms, property security arrangements, enforcement mechanisms, and necessary registrations with relevant Hong Kong authorities such as the Land Registry and Companies Registry.
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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 purpose
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Loan Amount and Purpose: Specification of the loan amount and permitted use
5. Interest and Fees: Interest rate, calculation method, and applicable fees
6. Repayment Terms: Payment schedule, method, and prepayment provisions
7. Security: Description of the property security and charging provisions
8. Borrower's Representations and Warranties: Standard declarations about borrower's status and property
9. Borrower's Covenants: Ongoing obligations regarding property maintenance and loan compliance
10. Events of Default: Circumstances constituting default and consequences
11. Enforcement: Lender's rights and remedies upon default
12. Assignments and Transfers: Rules for transferring rights under the note
13. Notices: Communication requirements and contact details
14. Governing Law and Jurisdiction: Hong Kong law provisions and jurisdiction clauses
1. Guarantor Provisions: Required when there is a guarantor securing the loan obligations
2. Insurance Requirements: Detailed insurance obligations when specific coverage is required
3. Special Repayment Provisions: For loans with unique repayment structures or early repayment options
4. Property Management Obligations: For loans with specific requirements about property maintenance or letting
5. Multiple Property Provisions: When the loan is secured against multiple properties
6. Corporate Borrower Provisions: Additional provisions specific to corporate borrowers
7. Security Trustee Provisions: When a security trustee structure is used for multiple lenders
1. Schedule 1 - Property Details: Full legal description and details of the secured property
2. Schedule 2 - Repayment Schedule: Detailed payment dates and amounts
3. Schedule 3 - Conditions Precedent: List of documents and conditions required before drawdown
4. Schedule 4 - Form of Drawdown Notice: Template for requesting loan disbursement
5. Schedule 5 - Interest Calculation Examples: Examples showing how interest is calculated
6. Appendix A - Standard Form Certificates: Templates for various certificates required during the loan term
7. Appendix B - Property Valuation Report: Initial valuation report of the security property
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