Non Interest Bearing Loan Agreement for Hong Kong

Non Interest Bearing Loan Agreement Template for Hong Kong

A Non-Interest Bearing Loan Agreement governed by Hong Kong law that documents the terms and conditions of an interest-free loan between parties. This agreement establishes the principal amount, repayment terms, and obligations of both parties while explicitly stating that no interest will be charged. It includes provisions for default, security (if applicable), and enforcement mechanisms in accordance with Hong Kong legislation. The document is structured to comply with Hong Kong's common law system and relevant ordinances, particularly addressing the requirements of the Money Lenders Ordinance and Contract Law principles.

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What is a Non Interest Bearing Loan Agreement?

This Non Interest Bearing Loan Agreement is designed for use in Hong Kong when parties wish to document a loan arrangement where no interest will be charged. It is commonly used in various scenarios including family lending, inter-company loans, Islamic finance transactions, or other situations where charging interest is not desired or permitted. The agreement covers essential elements such as loan amount, repayment terms, events of default, and enforcement mechanisms, all structured within Hong Kong's legal framework. It can be customized to include security arrangements, guarantees, or specific use requirements while maintaining compliance with Hong Kong legislation, particularly the Money Lenders Ordinance and general contract law principles. This document is especially relevant for situations requiring clear documentation of financial obligations while explicitly excluding any interest component.

What sections should be included in a Non Interest Bearing Loan Agreement?

1. Parties: Identifies and defines the Lender and Borrower with full legal names and addresses

2. Background: Explains the context of the loan and confirms its non-interest bearing nature

3. Definitions: Defines key terms used throughout the agreement

4. Loan Amount: Specifies the principal amount of the loan

5. Confirmation of Non-Interest Bearing Status: Explicit confirmation that no interest is payable on the loan

6. Drawdown: Conditions and process for disbursement of the loan

7. Repayment Terms: Details of how and when the loan will be repaid

8. Representations and Warranties: Standard warranties from the Borrower about their capacity and ability to repay

9. Events of Default: Circumstances that would trigger immediate repayment obligation

10. Consequences of Default: Actions the Lender can take in case of default

11. Notices: How formal communications between parties should be made

12. Governing Law and Jurisdiction: Confirms Hong Kong law governs and Hong Kong courts have jurisdiction

13. Execution: Signature blocks and execution formalities

What sections are optional to include in a Non Interest Bearing Loan Agreement?

1. Security: Include when the loan is secured against specific assets

2. Guarantee: Include when there is a third-party guarantor for the loan

3. Purpose: Include when the loan must be used for specific purposes only

4. Early Repayment: Include when early repayment is permitted with specific terms

5. Assignment: Include when either party needs the right to assign the agreement

6. Conditions Precedent: Include when there are specific conditions that must be met before drawdown

7. Covenants: Include when ongoing obligations are required from the Borrower

8. Tax Gross-Up: Include when tax implications need to be addressed explicitly

9. Force Majeure: Include when specific circumstances might affect loan repayment obligations

What schedules should be included in a Non Interest Bearing Loan Agreement?

1. Repayment Schedule: Detailed schedule of repayment dates and amounts

2. Form of Drawdown Notice: Standard form for requesting disbursement of the loan

3. Security Details: Details of any assets provided as security (if applicable)

4. Conditions Precedent Documents: List of required documents to be provided before drawdown

5. Form of Compliance Certificate: Standard form for periodic confirmation of compliance with loan terms

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

Promissory Note

Sector

Banking

Cost

Free to use
Relevant Industries

Banking & Finance

Family Business

Real Estate

Construction

Retail

Manufacturing

Technology

Healthcare

Education

Non-Profit

Islamic Finance

Professional Services

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Corporate Secretarial

Credit

Business Development

Islamic Banking

Family Office

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Secretary

Financial Controller

Treasury Manager

Compliance Officer

Risk Manager

Business Development Director

Family Office Manager

Islamic Finance Specialist

Credit Manager

Corporate Lawyer

Banking Executive

Industries
Money Lenders Ordinance (Cap. 163): Regulates money lending transactions in Hong Kong, including licensing requirements and exemptions. While this is typically more relevant for interest-bearing loans, it's important to ensure the non-interest nature of the loan doesn't inadvertently fall within regulated activities.
Law of Contract (Common Law): Governs the formation and enforcement of contracts in Hong Kong, including essential elements like offer, acceptance, consideration, and intention to create legal relations.
Limitation Ordinance (Cap. 347): Sets time limits for bringing legal actions on contracts, typically 6 years for simple contracts. Important for establishing enforcement periods in the loan agreement.
Inland Revenue Ordinance (Cap. 112): Relevant for tax implications of the loan, particularly regarding the non-interest bearing nature and potential deemed interest provisions in certain circumstances.
Evidence Ordinance (Cap. 8): Governs the admissibility of evidence in legal proceedings, relevant for ensuring the loan agreement is properly executed and admissible in court if needed.
Companies Ordinance (Cap. 622): If either party is a company, this ordinance governs corporate powers to borrow/lend and requirements for corporate approval and execution of documents.
Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615): Sets out requirements for due diligence and record-keeping in financial transactions, which may be relevant for substantial loan amounts.
Teams

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