Loan Broker Agreement for Hong Kong

Loan Broker Agreement Template for Hong Kong

A comprehensive agreement governed by Hong Kong law that establishes the professional relationship between a loan broker and their client. The document outlines the broker's services in facilitating loan arrangements, including their obligations, compensation structure, and compliance with Hong Kong's financial regulations. It incorporates requirements under the Money Lenders Ordinance and other relevant Hong Kong financial services legislation, while addressing data privacy, anti-money laundering compliance, and professional service standards specific to the Hong Kong market.

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What is a Loan Broker Agreement?

The Loan Broker Agreement is essential for financial intermediaries operating in Hong Kong's sophisticated financial market. This document is used when a professional broker agrees to assist clients in securing loans or financing arrangements with lenders. It's particularly important given Hong Kong's strict regulatory environment, including compliance with the Money Lenders Ordinance and Anti-Money Laundering regulations. The agreement covers crucial aspects such as broker services, fee structures, regulatory compliance requirements, confidentiality obligations, and risk allocations. It's designed to protect both parties while ensuring transparency and compliance with Hong Kong's financial services regulatory framework.

What sections should be included in a Loan Broker Agreement?

1. Parties: Identification of the loan broker and the client, including full legal names and addresses

2. Background: Context of the agreement and brief description of the parties' intentions

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation

4. Appointment and Scope of Services: Formal appointment of the broker and detailed description of services to be provided

5. Broker's Obligations: Detailed responsibilities and duties of the broker, including regulatory compliance requirements

6. Client's Obligations: Client's responsibilities, including providing accurate information and necessary documentation

7. Fees and Payment Terms: Structure of broker's fees, payment schedule, and payment methods

8. Representations and Warranties: Statements of fact and assurances from both parties

9. Confidentiality and Data Protection: Obligations regarding confidential information and compliance with privacy laws

10. Compliance with Laws: Commitment to comply with relevant Hong Kong laws and regulations

11. Limitation of Liability: Extent and limitations of the broker's liability

12. Term and Termination: Duration of the agreement and circumstances for termination

13. Dispute Resolution: Process for resolving disputes, including jurisdiction and governing law

14. General Provisions: Standard boilerplate clauses including notices, amendments, and severability

What sections are optional to include in a Loan Broker Agreement?

1. Exclusivity: Terms of exclusive arrangement if the broker is to be the sole broker for specific transactions or time period

2. Sub-brokers: Terms governing the appointment and use of sub-brokers if permitted

3. Non-Competition: Restrictions on competitive activities, if applicable

4. Marketing and Referrals: Terms regarding marketing of services and referral arrangements

5. Insurance: Requirements for professional indemnity insurance if required

6. Intellectual Property: Protection and use of intellectual property if relevant to the services

7. Force Majeure: Provisions for unforeseen circumstances preventing performance

What schedules should be included in a Loan Broker Agreement?

1. Schedule 1: Fee Structure: Detailed breakdown of all fees, commissions, and payment terms

2. Schedule 2: Services Description: Comprehensive list and description of broker services

3. Schedule 3: Compliance Requirements: Specific regulatory requirements and compliance procedures

4. Schedule 4: Required Documentation: List of documents required from clients for loan applications

5. Schedule 5: Service Level Agreement: Performance metrics and service standards

6. Appendix A: Power of Attorney: Standard form of power of attorney if required for broker actions

7. Appendix B: Client Information Form: Standard form for collecting client information

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

Release Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Banking

Real Estate

Commercial Lending

Mortgage Services

Business Services

Investment Services

Corporate Finance

Small and Medium Enterprises

Property Development

Relevant Teams

Legal

Compliance

Finance

Risk Management

Business Development

Credit Assessment

Operations

Client Relations

Document Management

Commercial Banking

Relevant Roles

Loan Broker

Financial Advisor

Mortgage Broker

Commercial Finance Manager

Chief Financial Officer

Finance Director

Business Development Manager

Compliance Officer

Risk Manager

Legal Counsel

Financial Services Manager

Credit Manager

Relationship Manager

Corporate Finance Executive

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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