Loan Declaration Form Template for Hong Kong

A Loan Declaration Form is a critical legal document used in Hong Kong's lending landscape that serves as an official record and declaration of a loan agreement between a lender and borrower. Governed by Hong Kong law, particularly the Money Lenders Ordinance (Cap. 163), this document captures essential loan details, borrower declarations, and compliance requirements. It includes comprehensive information about the loan terms, borrower's financial status, purpose of the loan, and various regulatory declarations required under Hong Kong law, while ensuring compliance with privacy and anti-money laundering regulations.

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What is a Loan Declaration Form?

The Loan Declaration Form is a fundamental document in Hong Kong's lending practices, designed to meet the stringent requirements of local financial regulations, particularly the Money Lenders Ordinance (Cap. 163) and related financial legislation. This document is typically used when establishing a new loan agreement or modifying existing loan terms, serving as both a legal record and a compliance tool. It contains crucial information including loan amount, interest rates, repayment terms, borrower's financial status, and various regulatory declarations. The form plays a vital role in protecting both lender and borrower interests while ensuring transparency and compliance with Hong Kong's financial regulations, anti-money laundering requirements, and privacy laws.

What sections should be included in a Loan Declaration Form?

1. Declaration Date and Reference: Date of declaration and unique reference number for the loan

2. Lender Details: Full name, registration/license number, and contact details of the lending institution

3. Borrower Information: Full legal name, HKID/passport number, contact details, and address of the borrower

4. Loan Details: Principal amount, interest rate, term of loan, purpose of loan, and repayment schedule

5. Interest Rate Declaration: Clear statement of interest rate, APR, and compliance with legal maximum rates

6. Repayment Terms: Detailed breakdown of repayment structure, including payment amounts, dates, and methods

7. Security and Collateral: Declaration of any assets or guarantees provided as security for the loan

8. Borrower's Declarations: Statements confirming borrower's financial situation, truthfulness of information, and understanding of obligations

9. Privacy Statement: Declaration regarding the collection and use of personal data

10. Signature Block: Space for dated signatures of borrower, witness, and lender representative

What sections are optional to include in a Loan Declaration Form?

1. Guarantor Information: Required when loan includes a guarantor - includes guarantor's personal details and declarations

2. Business Purpose Declaration: Required for business loans - confirms the loan is for business rather than personal purposes

3. Property Details: Required for property-secured loans - includes details of the property offered as security

4. Foreign Currency Declaration: Required for foreign currency loans - acknowledges understanding of exchange rate risks

5. Direct Debit Authorization: Optional section for setting up automatic repayment arrangements

6. Additional Borrower Details: Required for joint loans - includes details of all co-borrowers

What schedules should be included in a Loan Declaration Form?

1. Schedule 1 - Repayment Schedule: Detailed breakdown of all scheduled repayments including dates, amounts, and principal/interest split

2. Schedule 2 - Security Details: Comprehensive description of any security or collateral provided

3. Schedule 3 - Terms and Conditions: Standard terms and conditions applicable to the loan

4. Appendix A - Supporting Documents Checklist: List of required supporting documents submitted with the declaration

5. Appendix B - Fee Schedule: Breakdown of all applicable fees and charges

6. Appendix C - Declaration of Source of Funds: Required for AML compliance - details of fund sources for loan repayment

Authors

Alex Denne

Advisor @ GenieAI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Hong Kong

Publisher

GenieAI

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use

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