Loan Facilitation Agreement for Hong Kong

Loan Facilitation Agreement Template for Hong Kong

A comprehensive agreement governed by Hong Kong law that establishes the framework for loan facilitation services between financial institutions and borrowers. The document outlines the facilitator's responsibilities in arranging loans, conducting preliminary assessments, managing documentation, and ensuring compliance with Hong Kong's regulatory requirements, particularly the Money Lenders Ordinance and AML regulations. It includes detailed provisions for service scope, fee structures, compliance obligations, and risk allocation between parties.

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What is a Loan Facilitation Agreement?

The Loan Facilitation Agreement is essential for businesses providing intermediary services in Hong Kong's lending market. It is particularly relevant in the current financial landscape where traditional and alternative lending platforms coexist. The agreement is designed to comply with Hong Kong's regulatory framework, including the Money Lenders Ordinance, AML requirements, and data privacy laws. It establishes the legal foundation for facilitators connecting lenders with borrowers, defining service scope, fee structures, and compliance obligations. This document is crucial for both traditional financial institutions and fintech companies, especially those operating digital lending platforms or providing loan matching services. The agreement addresses key aspects such as facilitator's duties, risk allocation, regulatory compliance, and operational procedures, while incorporating necessary safeguards for all parties involved.

What sections should be included in a Loan Facilitation Agreement?

1. Parties: Identifies the loan facilitator, and whether they are acting as agent or broker

2. Background: Explains the context of the agreement, including the facilitator's role in connecting lenders and borrowers

3. Definitions: Defines key terms used throughout the agreement, including 'Facilitation Services', 'Loan Agreement', 'Platform' if applicable

4. Scope of Services: Details the specific services provided by the facilitator, including loan matching, documentation assistance, and any administrative services

5. Facilitator's Obligations: Lists the facilitator's duties, including due diligence, documentation preparation, and compliance requirements

6. Fees and Payment Terms: Specifies facilitation fees, payment structure, and timing of payments

7. Representations and Warranties: Standard warranties about capacity, authority, and compliance with laws

8. Compliance Requirements: Details compliance with Money Lenders Ordinance, AML requirements, and other applicable regulations

9. Confidentiality: Provisions for handling confidential information and personal data

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

11. Liability and Indemnification: Limits of facilitator's liability and indemnification provisions

12. General Provisions: Standard boilerplate clauses including notices, amendments, governing law

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

1. Platform Terms: Required when the facilitation services are provided through an online platform

2. Multiple Lender Provisions: Required when the facilitator works with multiple lenders or a syndicate

3. Credit Assessment Services: Include when the facilitator provides credit assessment or scoring services

4. Loan Management Services: Include when the facilitator provides ongoing loan management or collection services

5. Marketing Services: Include when the facilitator provides marketing or promotional services for the lender

6. Security Arrangements: Required when the facilitator handles or arranges loan security documentation

7. Insurance Arrangements: Include when loan-related insurance products are facilitated

8. Cross-Border Provisions: Required for facilitation of loans involving parties outside Hong Kong

What schedules should be included in a Loan Facilitation Agreement?

1. Schedule 1: Service Fee Schedule: Detailed breakdown of all fees and charges

2. Schedule 2: Service Level Requirements: Specific performance metrics and service standards

3. Schedule 3: Compliance Procedures: Detailed AML and KYC procedures to be followed

4. Schedule 4: Required Documents: List of documents required for loan applications and verification

5. Schedule 5: Form of Loan Agreement: Standard template for loan agreements if provided by facilitator

6. Schedule 6: Data Protection Requirements: Detailed procedures for handling personal data

7. Appendix A: Contact Details: Key contacts and escalation procedures

8. Appendix B: Platform Specifications: Technical specifications if an online platform is used

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

Agreement Contract

Cost

Free to use
Relevant legal definitions
Relevant Industries

Financial Services

Banking

Fintech

Consumer Lending

Commercial Lending

Peer-to-Peer Lending

Asset Finance

Property Finance

Technology

Financial Infrastructure

Relevant Teams

Legal

Compliance

Risk Management

Finance

Operations

Credit

Business Development

Commercial

Product Development

Partner Relations

Documentation

Relevant Roles

Chief Financial Officer

Head of Legal

Compliance Officer

Risk Manager

Credit Manager

Business Development Manager

Operations Director

Financial Controller

Legal Counsel

Relationship Manager

Product Manager

Partnership Manager

Credit Analyst

Loan Officer

Commercial Director

Chief Operating Officer

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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