The Personal Loan Agreement is a fundamental document used in Hong Kong's consumer lending sector when an individual seeks to borrow money for personal use. This document is essential for compliance with the Hong Kong Money Lenders Ordinance (Cap. 163) and must include specific statutory requirements regarding interest rates, repayment terms, and borrower protections. The agreement is typically used by licensed money lenders, banks, and financial institutions when providing personal loans to Hong Kong residents. It should contain all mandatory provisions required by Hong Kong law, including clear disclosure of the effective interest rate, repayment schedule, and the borrower's rights regarding early repayment.
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1. Parties: Identification of the lender and borrower with their full legal names and addresses
2. Background: Brief context of the loan arrangement and purpose
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specifies the principal amount and permitted use of the loan
5. Interest Rate: Details of interest rate, calculation method, and compliance with statutory limits
6. Repayment Terms: Payment schedule, installment amounts, and payment methods
7. Representations and Warranties: Borrower's confirmations regarding their financial status and ability to repay
8. Events of Default: Circumstances constituting default and consequences
9. Early Repayment: Terms and conditions for early repayment, including any penalties
10. Costs and Expenses: Allocation of legal fees, stamp duty, and other costs
11. Notices: How formal communications between parties should be made
12. Governing Law and Jurisdiction: Confirmation of Hong Kong law and jurisdiction
1. Security: Include when loan is secured by assets or collateral
2. Guarantor Provisions: Include when a guarantor is providing additional security for the loan
3. Insurance Requirements: Include when borrower must maintain specific insurance coverage
4. Assignment and Transfer: Include when either party may need to transfer rights under the agreement
5. Late Payment Interest: Include when additional interest rates apply for late payments
6. Change in Circumstances: Include when addressing potential changes in borrower's financial situation
7. Personal Data Protection: Include detailed privacy terms when extensive personal data processing is involved
1. Repayment Schedule: Detailed breakdown of payment dates and amounts
2. Loan Disbursement Details: Specifics of how and when the loan amount will be disbursed
3. Form of Notice: Template for various notices required under the agreement
4. Security Details: Description of any security or collateral (if applicable)
5. Standard Terms and Conditions: Detailed terms and conditions as required by the Money Lenders Ordinance
6. Personal Information Form: Required borrower information and consent forms
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