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Purchase Order Financing Agreement for Hong Kong

Purchase Order Financing Agreement Template for Hong Kong

A comprehensive financing agreement governed by Hong Kong law that enables businesses to obtain working capital financing against confirmed purchase orders. This agreement sets out the terms and conditions under which the Finance Provider will advance funds to the Client, typically ranging from 70-80% of the purchase order value. The document includes detailed provisions for security arrangements, drawdown mechanics, repayment terms, and various protections for the Finance Provider, all structured in compliance with Hong Kong financial regulations and commercial law.

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Purchase Order Financing Agreement

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What is a Purchase Order Financing Agreement?

Purchase Order Financing Agreements are essential financial instruments in Hong Kong's commercial landscape, particularly for businesses requiring working capital to fulfill large customer orders. This document type is commonly used when a company has received confirmed purchase orders but lacks the immediate funds to fulfill them. The agreement establishes the legal framework for the Finance Provider to advance funds against these purchase orders, typically ranging from 70-80% of the order value. It comprehensively addresses key aspects including security interests, repayment mechanisms, and risk mitigation measures, all within Hong Kong's legal framework. The document is structured to comply with Hong Kong financial regulations, including the Money Lenders Ordinance and Companies Ordinance, while providing flexibility for various commercial scenarios.

What sections should be included in a Purchase Order Financing Agreement?

1. Parties: Identifies the Finance Provider and the Client (Borrower)

2. Background: Explains the context of the agreement, including the Client's business and need for purchase order financing

3. Definitions and Interpretation: Defines key terms used throughout the agreement and sets out interpretation rules

4. The Facility: Details the nature, amount, and purpose of the financing facility

5. Conditions Precedent: Lists conditions that must be satisfied before the facility becomes available

6. Drawdown Mechanics: Specifies the process for requesting and receiving financing against purchase orders

7. Interest and Fees: Sets out the interest rate, calculation method, and all applicable fees

8. Repayment Terms: Details repayment obligations, timing, and methods

9. Security Arrangements: Describes the security interest over purchase orders and receivables

10. Client Representations and Warranties: Lists the Client's statements of fact and assurances

11. Client Covenants: Sets out ongoing obligations of the Client

12. Events of Default: Defines circumstances constituting default and consequences

13. Finance Provider's Rights and Remedies: Details the Finance Provider's rights, especially upon default

14. Boilerplate Provisions: Standard contract clauses including notices, amendments, governing law, etc.

What sections are optional to include in a Purchase Order Financing Agreement?

1. Guarantees: Required when personal or corporate guarantees are part of the security package

2. Insurance Requirements: Detailed insurance obligations when specific insurance coverage is required

3. Direct Payment Arrangements: Used when payments from end-customers are to be made directly to the Finance Provider

4. Subordination Provisions: Required when there are other creditors and priority arrangements need to be established

5. Foreign Currency Provisions: Needed when purchase orders or payments involve multiple currencies

6. Electronic Platform Terms: Required when the financing arrangement involves use of an electronic platform

7. Syndication Provisions: Included when the facility may be syndicated to other lenders

What schedules should be included in a Purchase Order Financing Agreement?

1. Facility Terms Schedule: Detailed terms including facility limit, interest rates, fees, and repayment schedule

2. Form of Drawdown Request: Template for requesting financing against specific purchase orders

3. Eligible Purchase Order Criteria: Criteria for purchase orders that can be financed under the facility

4. Security Documents: Forms of security documents including assignments and charges

5. Conditions Precedent Documents: List of required documents and conditions to be satisfied

6. Approved Buyers List: List of approved end-customers whose purchase orders can be financed

7. Financial Covenants Schedule: Detailed financial covenants and calculation methods

8. Fee Schedule: Comprehensive breakdown of all fees and charges

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Document Type

Invoice Form

Sector

Sales

Cost

Free to use
Relevant legal definitions
















































Clauses



































Relevant Industries

Manufacturing

Trading

Import/Export

Wholesale

Retail

Electronics

Textiles

Consumer Goods

Industrial Equipment

Commodities

Technology Hardware

Food and Beverage

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Commercial

Credit

Operations

Supply Chain

Procurement

Business Development

Account Management

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Commercial Director

Financial Controller

Credit Manager

Risk Manager

Legal Counsel

Compliance Officer

Account Manager

Business Development Manager

Operations Manager

Supply Chain Manager

Procurement Director

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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