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1. Parties: Identifies the contracting parties: the creditor/client and the collection agency, including their full legal names and registered addresses
2. Background: Explains the context of the agreement, including the creditor's need for collection services and the agency's qualifications
3. Definitions: Defines key terms used throughout the agreement, including 'Debts', 'Services', 'Commission', 'Debtors', etc.
4. Appointment and Scope of Services: Details the appointment of the collection agency and specific services to be provided
5. Term and Termination: Specifies the duration of the agreement and circumstances for termination
6. Commission and Payment Terms: Outlines the fee structure, commission rates, and payment arrangements
7. Obligations of the Collection Agency: Lists the agency's duties, including compliance with laws and professional standards
8. Obligations of the Client: Specifies the client's responsibilities, including providing necessary documentation and information
9. Compliance with Laws: Details compliance requirements with Hong Kong laws, particularly regarding debt collection practices
10. Data Protection and Confidentiality: Addresses handling of personal data and confidential information in compliance with PDPO
11. Representations and Warranties: Contains standard warranties from both parties
12. Limitation of Liability: Sets out the extent and limitations of the agency's liability
13. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction for disputes
1. Insurance: Required when specific insurance coverage needs to be maintained by the collection agency
2. Sub-contracting: Include when the collection agency may need to engage sub-contractors
3. Cross-border Collections: Necessary when collection activities may extend beyond Hong Kong
4. Legal Proceedings: Include if the agency may initiate legal proceedings on behalf of the client
5. Performance Metrics: Include when specific performance standards need to be maintained
6. Additional Services: Required when the agency may provide services beyond standard debt collection
7. Force Majeure: Include when parties want specific provisions for unforeseen circumstances
1. Schedule 1 - Commission Rates: Detailed breakdown of commission rates for different types of debts or collection scenarios
2. Schedule 2 - Service Level Requirements: Specific performance metrics and service standards
3. Schedule 3 - Approved Collection Methods: List of permitted collection practices and procedures
4. Schedule 4 - Reporting Requirements: Templates and frequency of required reports
5. Schedule 5 - Data Protection Procedures: Detailed procedures for handling personal data
6. Appendix A - Power of Attorney: Standard form of power of attorney if required for collections
7. Appendix B - Compliance Checklist: Checklist of regulatory requirements and compliance measures
Applicable Laws
Bad Debt
Business Day
Collection Account
Collection Activities
Collection Fee
Collection Period
Commission
Confidential Information
Debtor
Debt
Default Interest
Effective Date
Force Majeure Event
Initial Term
Licensed Banks
Outstanding Balance
Personal Data
Procedures Manual
Prohibited Collection Practices
Recovered Amount
Regulatory Requirements
Services
Service Levels
Settlement
Territory
Term
Working Hours
Write-off
Services
Commission
Payment Terms
Regulatory Compliance
Data Protection
Confidentiality
Service Levels
Performance Standards
Reporting Requirements
Collection Procedures
Agency Obligations
Client Obligations
Representations and Warranties
Limitation of Liability
Indemnification
Insurance
Term and Duration
Termination
Assignment
Force Majeure
Dispute Resolution
Governing Law
Entire Agreement
Severability
Notices
Amendment
Sub-contracting
Anti-Money Laundering
Record Keeping
Intellectual Property
Staff and Personnel
Audit Rights
Business Continuity
Ethics and Compliance
Financial Services
Banking
Insurance
Telecommunications
Utilities
Retail
Healthcare
Education
Professional Services
Consumer Credit
Legal
Finance
Compliance
Risk Management
Operations
Credit Control
Collections
Treasury
Accounts Receivable
Corporate Services
Chief Financial Officer
Finance Director
Credit Control Manager
Collections Manager
Legal Counsel
Compliance Officer
Risk Manager
Operations Director
Account Manager
Treasury Manager
Debt Recovery Specialist
Financial Controller
Credit Risk Manager
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