Unsecured Loan Contract for Hong Kong

Unsecured Loan Contract Template for Hong Kong

This document is a comprehensive unsecured loan agreement governed by Hong Kong law, structured to establish the terms and conditions of a lending arrangement where no collateral is provided as security. It complies with Hong Kong's Money Lenders Ordinance and related regulations, incorporating mandatory warnings and interest rate restrictions. The agreement details the loan amount, interest calculations, repayment terms, events of default, and remedies available to the lender, while ensuring protection for both parties under Hong Kong's legal framework.

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What is a Unsecured Loan Contract?

An Unsecured Loan Contract is essential for documenting lending arrangements where no specific assets are pledged as collateral. This template is specifically designed for use in Hong Kong and complies with local regulations, particularly the Money Lenders Ordinance (Cap. 163) and related legislation. The document is typically used when a lender provides funds to a borrower based solely on the borrower's creditworthiness and promise to repay. It includes mandatory provisions required by Hong Kong law, such as statutory warnings, interest rate calculations, and specific disclosure requirements. The contract is suitable for both consumer and business lending, provided the interest rates and terms comply with Hong Kong's usury laws and financial regulations.

What sections should be included in a Unsecured Loan Contract?

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

2. Background: Brief context of the loan arrangement and purpose

3. Definitions: Defines key terms used throughout the agreement

4. Statutory Warning: Mandatory warning statement required under the Money Lenders Ordinance

5. Loan Amount and Purpose: Specifies the principal amount and permitted use of the loan

6. Interest Rate and Calculations: Details the interest rate, calculation method, and effective interest rate

7. Repayment Terms: Specifies repayment schedule, method, and currency of payment

8. Representations and Warranties: Borrower's confirmations regarding their capacity and financial condition

9. Events of Default: Lists circumstances constituting default and consequences

10. Acceleration: Lender's right to demand immediate repayment under specified circumstances

11. Costs and Expenses: Allocation of legal fees, stamp duties, and other costs

12. Notices: Communication methods and contact details for formal notices

13. Governing Law and Jurisdiction: Confirms Hong Kong law governs and specifies jurisdiction for disputes

What sections are optional to include in a Unsecured Loan Contract?

1. Security: Used when there are any forms of quasi-security such as negative pledges

2. Insurance: Include when requiring the borrower to maintain specific insurance coverage

3. Financial Covenants: Add for business borrowers where financial ratios need to be maintained

4. Guarantee: Include when a third party guarantees the loan

5. Early Repayment: Include if early repayment is permitted and any associated fees

6. Assignment and Transfer: Include if either party may assign their rights under the agreement

7. Information Undertakings: Add for business borrowers requiring regular financial reporting

8. Data Privacy Consent: Include detailed privacy terms if extensive personal data processing is involved

What schedules should be included in a Unsecured Loan Contract?

1. Schedule 1 - Repayment Schedule: Detailed breakdown of repayment dates and amounts

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

3. Schedule 3 - Conditions Precedent: List of documents and conditions required before loan disbursement

4. Schedule 4 - Fee Schedule: Breakdown of all applicable fees and charges

5. Appendix A - Standard Form of Notice: Template for formal notices between parties

6. Appendix B - Specimen Signatures: Authorized signatures for both parties

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

Financial Services

Banking

Consumer Finance

Small Business Lending

Corporate Finance

Real Estate

Retail

Professional Services

Manufacturing

Technology

Relevant Teams

Legal

Finance

Compliance

Risk Management

Credit Operations

Treasury

Business Development

Corporate Secretarial

Loan Operations

Document Management

Relevant Roles

Legal Counsel

Loan Officer

Credit Manager

Financial Controller

Compliance Officer

Risk Manager

Business Development Manager

Contract Administrator

Finance Director

Treasury Manager

Company Secretary

Credit Analyst

Legal Associate

Financial Advisor

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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