The Loan Consultant Fee Agreement is essential for professional relationships involving loan advisory services in Hong Kong. It is typically used when an individual or company engages a consultant to provide expert advice on loan products, financing structures, or debt arrangements. The document ensures compliance with Hong Kong's financial services regulations, particularly the Money Lenders Ordinance and related legislation. It outlines the consultant's scope of services, professional fees, payment terms, and obligations while protecting both parties' interests through clear liability and confidentiality provisions. This agreement is crucial for establishing transparent business relationships and maintaining regulatory compliance in Hong Kong's financial services sector.
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1. Parties: Identifies and defines the Consultant and the Client with their full legal names and addresses
2. Background: Explains the context of the agreement, including the Client's need for loan consulting services and the Consultant's qualifications
3. Definitions: Defines key terms used throughout the agreement including 'Services', 'Fees', 'Loan Products', and other relevant terms
4. Appointment and Scope of Services: Details the formal appointment of the consultant and comprehensive description of services to be provided
5. Consultant's Obligations: Lists the specific duties, responsibilities, and standards of service the Consultant must maintain
6. Client's Obligations: Outlines the Client's responsibilities, including providing accurate information and necessary documentation
7. Fees and Payment Terms: Details the fee structure, payment schedule, and any additional charges
8. Term and Termination: Specifies the duration of the agreement and circumstances under which it can be terminated
9. Confidentiality: Establishes obligations regarding confidential information handling and protection
10. Compliance with Laws: Addresses regulatory compliance, including money lending regulations and AML requirements
11. Limitation of Liability: Sets out the extent and limitations of the Consultant's liability
12. General Provisions: Contains standard clauses including notices, amendments, governing law, and jurisdiction
1. Non-Competition: Restricts the Consultant from providing similar services to competing clients - include when exclusivity is required
2. Force Majeure: Addresses unforeseeable circumstances preventing performance - include for longer-term agreements
3. Insurance: Specifies required insurance coverage - include when dealing with high-value transactions
4. Intellectual Property: Protects proprietary methods or materials - include when consultant uses unique methodologies
5. Data Protection: Additional privacy and data handling provisions - include when extensive personal data processing is involved
6. Assignment: Rights to transfer the agreement - include when working with larger organizations
7. Dispute Resolution: Detailed dispute resolution procedures - include for high-value or complex arrangements
1. Schedule 1 - Service Description: Detailed breakdown of consulting services and deliverables
2. Schedule 2 - Fee Structure: Comprehensive fee calculation methods, rates, and payment terms
3. Schedule 3 - Required Documentation: List of documents and information the Client must provide
4. Appendix A - Consultant Qualifications: Details of the Consultant's licenses, certifications, and qualifications
5. Appendix B - Compliance Checklist: Regulatory requirements and compliance procedures
6. Appendix C - Service Level Standards: Specific performance metrics and service standards
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