The Contract to Pay Back Money is essential for formalizing lending arrangements in Hong Kong's business environment. This document is typically used when one party has provided funds to another and requires a formal, legally binding agreement for repayment. It's particularly relevant in both commercial and private lending scenarios, incorporating Hong Kong's legal requirements under the Money Lenders Ordinance (Cap. 163) and Contract Ordinance (Cap. 623). The agreement provides certainty and protection for both lender and borrower by clearly documenting the loan amount, repayment terms, interest rates, and consequences of default. It's commonly used in business financing, personal loans, and inter-company lending arrangements, and can be adapted to include security provisions or guarantees when required.
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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 loan arrangement and relationship between the parties
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. Repayment Terms: Details the repayment schedule, including payment amounts, frequency, and method of payment
6. Interest: Specifies the interest rate, calculation method, and payment schedule
7. Default and Remedies: Defines events of default and the lender's rights and remedies in such cases
8. Representations and Warranties: Borrower's confirmations about their financial status and capacity to repay
9. Governing Law: Specifies Hong Kong law as the governing law of the agreement
10. Notices: Details how formal communications between parties should be made
11. General Provisions: Standard contractual provisions including severability, entire agreement, and amendments
1. Security: Include when the loan is secured by specific assets or guarantees
2. Early Repayment: Include when early repayment is permitted, specifying any penalties or procedures
3. Insurance: Include when insurance is required to protect the loan or collateral
4. Assignment: Include when either party may need to transfer their rights under the agreement
5. Third Party Guarantor: Include when a guarantor is providing additional security for the loan
6. Draw Down Conditions: Include when the loan is to be provided in installments or subject to conditions
7. Costs and Expenses: Include when specific provisions about legal fees and enforcement costs are needed
1. Schedule 1 - Repayment Schedule: Detailed table of repayment dates and amounts
2. Schedule 2 - Security Details: Description of any assets or collateral securing the loan
3. Schedule 3 - Conditions Precedent: List of documents and conditions required before loan disbursement
4. Appendix A - Form of Notice: Template for formal notices between parties
5. Appendix B - Direct Debit Authorization: Standard form for automatic payment setup if applicable
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