The Personal Lending Agreement is a crucial document used in Hong Kong's financial services sector when providing personal loans to individuals. It ensures compliance with the Hong Kong Money Lenders Ordinance (Cap. 163) and related regulations, including requirements for interest rate caps, mandatory disclosures, and consumer protection provisions. This agreement is essential for both licensed money lenders and financial institutions engaging in personal lending, providing a legally robust framework for loan terms, repayment schedules, borrower obligations, and default remedies. The document incorporates necessary provisions for personal data protection under Hong Kong's Personal Data (Privacy) Ordinance and includes all mandatory warning statements required by local regulations.
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1. Parties: Identifies and defines the Lender and Borrower with their full legal names and addresses
2. Background: Brief context of the lending arrangement and purpose of the loan
3. Definitions: Defines key terms used throughout the agreement
4. Loan Amount and Purpose: Specifies the principal amount being lent and its intended use
5. Interest Rate: Details of the interest rate, calculation method, and effective interest rate as required by Hong Kong law
6. Term and Repayment: Duration of the loan and repayment schedule including payment amounts, dates, and methods
7. Security: Details of any security or collateral provided for the loan
8. Representations and Warranties: Borrower's confirmations regarding their financial status, capacity, and truthfulness of provided information
9. Borrower's Covenants: Ongoing obligations of the borrower during the loan term
10. Events of Default: Circumstances that constitute default and consequences thereof
11. Early Repayment: Terms and conditions for early repayment including any penalties or fees
12. Costs and Expenses: Allocation of costs related to the loan agreement and enforcement
13. Notices: How formal communications between parties should be made
14. Governing Law and Jurisdiction: Confirms Hong Kong law governs the agreement and jurisdiction for disputes
1. Guarantor Provisions: Include when a guarantor is providing additional security for the loan
2. Insurance Requirements: Include when the borrower is required to maintain specific insurance coverage
3. Late Payment Interest: Include when there are specific additional interest rates for late payments
4. Assignment and Transfer: Include when either party may need to transfer their rights or obligations
5. Direct Debit Authorization: Include when automatic payments are being set up
6. Personal Data Protection: Include detailed privacy terms when extensive personal data processing is involved
1. Schedule 1 - Repayment Schedule: Detailed breakdown of repayment dates and amounts
2. Schedule 2 - Loan Disbursement Details: Specifics of how and when the loan amount will be disbursed
3. Schedule 3 - Security Details: Detailed description of any security or collateral provided
4. Appendix A - Form of Notice: Standard templates for formal notices between parties
5. Appendix B - Direct Debit Authorization Form: Standard form for setting up automatic payments
6. Appendix C - Personal Information Collection Statement: Detailed privacy notice compliant with PDPO requirements
Relevant legal definitions
Agreement
Applicable Law
Banking Day
Borrower
Business Day
Completion Date
Default Interest Rate
Direct Debit Authorization
Drawdown Date
Early Repayment
Effective Interest Rate
Event of Default
Final Repayment Date
Financial Indebtedness
Guarantor
Hong Kong
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Loan Amount
Material Adverse Effect
Month
Outstanding Balance
Parties
Payment Date
Personal Data
Principal Amount
Repayment Date
Repayment Schedule
Security
Tax
Term
Warning Statement
Applicable Law
Banking Day
Borrower
Business Day
Completion Date
Default Interest Rate
Direct Debit Authorization
Drawdown Date
Early Repayment
Effective Interest Rate
Event of Default
Final Repayment Date
Financial Indebtedness
Guarantor
Hong Kong
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Loan Amount
Material Adverse Effect
Month
Outstanding Balance
Parties
Payment Date
Personal Data
Principal Amount
Repayment Date
Repayment Schedule
Security
Tax
Term
Warning Statement
Clauses
Loan Amount
Interest Rate
Repayment Terms
Security
Representations and Warranties
Covenants
Events of Default
Remedies
Early Repayment
Fees and Expenses
Payment Mechanics
Direct Debit Authorization
Tax Provisions
Assignment
Force Majeure
Confidentiality
Data Protection
Notices
Amendment
Severability
Entire Agreement
Governing Law
Jurisdiction
Regulatory Compliance
Consumer Protection
Default Interest
Indemnification
Time of Essence
Waiver
Third Party Rights
Interest Rate
Repayment Terms
Security
Representations and Warranties
Covenants
Events of Default
Remedies
Early Repayment
Fees and Expenses
Payment Mechanics
Direct Debit Authorization
Tax Provisions
Assignment
Force Majeure
Confidentiality
Data Protection
Notices
Amendment
Severability
Entire Agreement
Governing Law
Jurisdiction
Regulatory Compliance
Consumer Protection
Default Interest
Indemnification
Time of Essence
Waiver
Third Party Rights
Relevant Industries
Banking
Financial Services
Consumer Finance
Retail Banking
Private Banking
Wealth Management
Personal Finance
Consumer Services
Financial Technology
Professional Services
Relevant Teams
Legal
Compliance
Risk Management
Credit Assessment
Retail Banking
Operations
Customer Service
Collections
Documentation
Personal Banking
Consumer Finance
Regulatory Affairs
Relevant Roles
Loan Officer
Credit Manager
Compliance Officer
Legal Counsel
Risk Manager
Financial Advisor
Relationship Manager
Credit Analyst
Operations Manager
Collections Manager
Consumer Banking Manager
Personal Banking Executive
Documentation Specialist
Regulatory Compliance Manager
Customer Service Representative
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