Demand Promissory Note for Hong Kong

Demand Promissory Note Template for Hong Kong

A Demand Promissory Note under Hong Kong law is a written, unconditional promise made by one party (the maker) to pay a specified sum of money to another party (the payee) immediately upon demand. This financial instrument is governed by the Hong Kong Bills of Exchange Ordinance (Cap. 19) and represents a legally binding commitment to pay. The document includes essential elements such as the amount payable, parties' details, payment terms, and any applicable interest rates. It serves as both a proof of debt and a negotiable instrument, making it a valuable tool in commercial and financial transactions within Hong Kong's legal framework.

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What is a Demand Promissory Note?

A Demand Promissory Note is commonly used in Hong Kong's commercial and financial sectors as a flexible debt instrument that provides security to the lender while offering a straightforward mechanism for debt acknowledgment. This document is particularly useful in situations requiring a formal acknowledgment of debt with the ability to demand immediate payment. The note must comply with the Hong Kong Bills of Exchange Ordinance (Cap. 19) and typically includes details such as the principal amount, interest terms, and parties' information. It can be used in various contexts, from simple personal loans to complex commercial transactions, and may be either secured or unsecured. The demand nature of the promissory note means that the payee can request payment at any time without prior notice, making it a powerful tool for creditors in the Hong Kong legal system.

What sections should be included in a Demand Promissory Note?

1. Date and Place of Execution: Clear statement of when and where the note is made, essential for enforcement and limitation periods

2. Maker's Details: Full legal name and address of the person/entity promising to pay

3. Payee's Details: Full legal name and address of the person/entity to whom payment is promised

4. Promise to Pay: Unconditional promise to pay with the specified amount written in both words and figures

5. Payment Terms: Specification that the note is payable on demand

6. Interest Clause: Statement of any applicable interest rate and calculation method

7. Maker's Signature: Space for signature(s) of the maker(s) with full name(s)

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

1. Joint and Several Liability Clause: Required when there are multiple makers of the note, establishing their joint and several liability

2. Security Details: Include when the note is secured by collateral or other assets

3. Witness Section: Space for witness details and signature when witnessing is required for added security

4. Waiver of Presentment: Optional clause waiving formal presentment requirements

5. Governing Law: While Hong Kong law is implied, an explicit statement might be included for clarity

6. Assignment Clause: Include when the note needs to be transferable to other parties

What schedules should be included in a Demand Promissory Note?

1. Schedule of Security: Details of any collateral or security provided, if applicable

2. Schedule of Payment Terms: If there are complex interest calculations or payment arrangements that need detailed explanation

3. Schedule of Makers: Required when there are multiple makers, listing all their details and respective liabilities

Authors

Alex Denne

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

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Demand Letter

Cost

Free to use
Relevant Industries

Banking and Financial Services

Commercial Lending

Real Estate

Trade Finance

Manufacturing

Retail

Professional Services

Import/Export

Construction

Small and Medium Enterprises

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Corporate Secretariat

Credit Administration

Commercial Banking

Corporate Finance

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Credit Manager

Legal Counsel

Corporate Lawyer

Compliance Officer

Risk Manager

Financial Controller

Company Secretary

Loan Officer

Commercial Banking Manager

Credit Analyst

Corporate Finance Manager

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

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