The Unsecured Loan Agreement is a vital financial instrument used in Hong Kong when a lender provides funding to a borrower without requiring any specific collateral or security interest in assets. This document is commonly used by banks, financial institutions, and private lenders for personal loans, business financing, and corporate lending. The agreement must comply with Hong Kong's legal framework, particularly the Money Lenders Ordinance (Cap. 163) and its regulations, which govern interest rate caps, mandatory terms, and documentation requirements. It should be used when parties wish to formalize a lending arrangement where the lender relies primarily on the borrower's creditworthiness and general promise to repay, rather than specific assets. The document includes essential provisions for loan amount, interest calculation, repayment schedule, events of default, and remedies, while incorporating necessary consumer protection elements required under Hong Kong law.
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1. Parties: Identification of lender and borrower with full legal names and addresses
2. Background: Context of the loan arrangement and relationship between parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the principal amount and intended use of funds
5. Interest Rate: Interest rate, calculation method, and payment frequency in compliance with Hong Kong interest rate caps
6. Repayment Terms: Payment schedule, method of payment, and payment allocation
7. Representations and Warranties: Borrower's confirmations regarding their financial status, legal capacity, and accuracy of provided information
8. Events of Default: Circumstances constituting default and consequences thereof
9. Remedies: Lender's rights and remedies upon default
10. Costs and Expenses: Allocation of legal fees, stamp duties, and other transaction costs
11. Notices: Method and addresses for formal communications between parties
12. Governing Law and Jurisdiction: Confirmation of Hong Kong law governance and jurisdiction
13. Execution: Signature blocks and execution requirements
1. Security: Used when collateral is later added or cross-referenced despite being primarily unsecured
2. Guarantor Provisions: Include when a guarantor is involved in the loan arrangement
3. Early Repayment: Terms for early loan repayment and any associated fees or penalties
4. Multiple Disbursement Provisions: Include when the loan is to be disbursed in multiple tranches
5. Assignment and Transfer: Include when either party may need to transfer their rights or obligations
6. Insurance Requirements: Include when borrower is required to maintain specific insurance
7. Change of Circumstances: Include provisions for handling material changes in borrower's situation
8. Further Assurance: Include when additional documentation or actions may be required post-signing
1. Repayment Schedule: Detailed breakdown of payment dates, amounts, and amortization table
2. Form of Drawdown Notice: Standard form for requesting loan disbursement
3. Conditions Precedent: List of documents and conditions required before loan disbursement
4. Fee Schedule: Breakdown of all applicable fees, charges, and calculation methods
5. Required Insurance: Details of any required insurance coverage
6. Form of Compliance Certificate: Template for periodic confirmation of compliance with loan terms
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Consumer Finance
Small Business Finance
Corporate Finance
Real Estate
Retail
Professional Services
Technology
Manufacturing
Trading
Import/Export
Relevant Teams
Legal
Finance
Risk Management
Compliance
Credit
Operations
Treasury
Commercial Banking
Corporate Banking
Retail Banking
Document Management
Internal Audit
Relevant Roles
Legal Counsel
Finance Manager
Credit Risk Officer
Compliance Officer
Loan Officer
Relationship Manager
Chief Financial Officer
Treasury Manager
Financial Controller
Credit Analyst
Legal Director
Banking Manager
Operations Manager
Risk Assessment Officer
Company Secretary
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