The Private Money Lending Contract is essential for documenting loan arrangements between licensed money lenders and borrowers in Hong Kong. This document is used when a regulated money lender provides financing to individuals or businesses, ensuring compliance with the Money Lenders Ordinance (Cap. 163) and associated regulations. It captures crucial elements including loan amount, interest rates (within statutory limits), repayment schedule, security arrangements, and default provisions. The agreement also incorporates mandatory regulatory requirements such as risk warnings and key facts statements. This contract type is particularly important in Hong Kong's financial landscape, where private money lending plays a significant role in providing alternative financing options alongside traditional banking institutions.
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1. Parties: Identification of the lender and borrower with their full legal names, addresses, and identification details as required by the Money Lenders Ordinance
2. Background: Context of the loan agreement and confirmation that the lender is properly licensed under the Money Lenders Ordinance
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the principal amount and stated purpose of the loan
5. Interest Rate: Interest rate, calculation method, and compliance with statutory maximum rates
6. Term and Repayment: Duration of the loan and detailed repayment schedule
7. Security: Details of any security or collateral provided for the loan
8. Representations and Warranties: Statements of fact and assurances from the borrower
9. Borrower's Covenants: Ongoing obligations and promises of the borrower
10. Events of Default: Circumstances constituting default and consequences
11. Enforcement: Lender's rights and remedies upon default
12. Notices: Process for giving formal notices under the agreement
13. Governing Law and Jurisdiction: Confirmation of Hong Kong law and jurisdiction
1. Guarantor Provisions: Required when a guarantor is providing additional security for the loan
2. Early Repayment: Include when early repayment is permitted, specifying any penalties or procedures
3. Insurance Requirements: Include when insurance of collateral or loan protection insurance is required
4. Assignment and Transfer: Include when either party may need to transfer their rights or obligations
5. Multiple Borrowers: Include when there are multiple borrowers, defining joint and several liability
6. Change of Circumstances: Include provisions for handling changes in law or circumstances affecting the loan
1. Schedule 1 - Repayment Schedule: Detailed breakdown of repayment dates and amounts
2. Schedule 2 - Security Details: Detailed description of any security or collateral provided
3. Schedule 3 - Fees and Charges: Breakdown of all applicable fees and charges
4. Appendix A - Form of Notice: Standard forms for various notices under the agreement
5. Appendix B - Statutory Warning: Mandatory warning statement required under the Money Lenders Ordinance
6. Appendix C - Key Facts Statement: Summary of key terms and financial obligations as required by regulations
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