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Short Promissory Note for Hong Kong

Short Promissory Note Template for Hong Kong

A promissory note governed by Hong Kong law is a formal written promise to pay a specified sum of money to a named recipient, either on demand or at a specified future date. This negotiable instrument is regulated primarily under the Hong Kong Bills of Exchange Ordinance (Cap. 19) and must contain an unconditional promise to pay. The document serves as a legally binding commitment and can be used in both personal and commercial contexts, offering a simpler alternative to more complex loan agreements while maintaining enforceability under Hong Kong law.

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What is a Short Promissory Note?

A Short Promissory Note is a fundamental financial instrument commonly used in Hong Kong business and personal transactions where one party formally promises to pay a specific sum to another. It is particularly useful for documenting straightforward lending arrangements where the full complexity of a loan agreement isn't necessary. The document must comply with the Hong Kong Bills of Exchange Ordinance (Cap. 19) and typically includes the amount to be paid, payment terms, interest (if any), and the parties' details. A Short Promissory Note can be used in various contexts, from simple personal loans to commercial transactions, and can be either secured or unsecured. Its primary advantage lies in its simplicity and enforceability under Hong Kong law, while still providing essential legal protection for the parties involved.

What sections should be included in a Short Promissory Note?

1. Date: The date of execution of the promissory note, which is crucial for determining maturity and limitation periods

2. Promise to Pay: Clear and unconditional promise by the maker to pay a specified sum to the payee

3. Amount: The principal sum promised to be paid, stated both in numbers and words to avoid ambiguity

4. Interest Rate: The applicable interest rate, if any, and how it is calculated

5. Payment Terms: When and how the payment is to be made, including the due date or maturity date

6. Maker's Details: Full name and address of the person making the promise (the maker)

7. Payee's Details: Full name and address of the person to whom payment is to be made (the payee)

8. Execution: Signature block for the maker and any witnesses

What sections are optional to include in a Short Promissory Note?

1. Security: Details of any collateral or security provided to guarantee the payment, used when the note is secured

2. Default Provisions: Consequences of default and acceleration clauses, included when specific default remedies are required

3. Prepayment Terms: Terms allowing early payment of the note, included when prepayment is permitted

4. Transfer Rights: Provisions regarding the transferability of the note, included when specific transfer restrictions or rights are needed

5. Governing Law: Explicit statement of governing law, included when dealing with cross-border transactions

What schedules should be included in a Short Promissory Note?

1. Payment Schedule: Schedule of installment payments if the note is not payable in a single sum

2. Security Details: Detailed description of any security or collateral provided, if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Hong Kong

Publisher

Ƶ

Document Type

Reference Letter

Cost

Free to use

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