This Online Loan Agreement template is designed for financial institutions and licensed money lenders operating digital lending platforms in Hong Kong. It serves as a comprehensive framework for documenting loan transactions conducted entirely online, incorporating requirements from Hong Kong's Money Lenders Ordinance, Electronic Transactions Ordinance, and data privacy laws. The agreement is particularly suitable for consumer loans, personal loans, and small business loans where the entire process from application to execution is conducted digitally. It includes provisions for electronic signatures, online identity verification, digital communications, and automated payment processing, while ensuring compliance with Hong Kong's regulatory requirements for interest rate caps, disclosure obligations, and consumer protection measures.
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1. Parties: Identification of lender and borrower, including registration/ID numbers and addresses
2. Background: Context of the loan agreement and brief description of the online platform
3. Definitions: Key terms used throughout the agreement, including technical terms related to online transactions
4. Loan Amount and Purpose: Specification of the loan amount, purpose, and disbursement method
5. Interest Rate and Fees: Detailed breakdown of interest rate, calculation method, and all applicable fees
6. Repayment Terms: Payment schedule, payment methods, and early repayment provisions
7. Electronic Transaction Terms: Provisions regarding online execution, electronic communications, and platform usage
8. Security and Authentication: Methods of identity verification and security measures for online transactions
9. Representations and Warranties: Statements of fact and assurances from both parties
10. Events of Default: Circumstances constituting default and consequences
11. Data Privacy and Protection: Terms regarding collection, use, and protection of personal data
12. Termination: Circumstances and process for terminating the agreement
13. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction
1. Guarantor Provisions: Required when a guarantor is involved in securing the loan
2. Collateral Terms: Needed when the loan is secured by specific assets
3. Insurance Requirements: Included when insurance is mandatory for the loan
4. Automatic Payment Authorization: Optional section for borrowers choosing automatic payment methods
5. Special Drawing Conditions: Used when the loan has specific conditions for drawdown
6. Third-Party Platform Integration: Required when integrating with external payment or verification platforms
7. Cooling-off Period: Optional provision giving borrower right to cancel within specified period
1. Schedule 1 - Loan Details: Detailed breakdown of loan amount, interest rates, and payment schedule
2. Schedule 2 - Fee Schedule: Comprehensive list of all fees and charges
3. Schedule 3 - Repayment Schedule: Detailed amortization schedule showing payment dates and amounts
4. Schedule 4 - Electronic Platform Terms: Specific terms and conditions for using the online loan platform
5. Schedule 5 - Personal Information Collection Statement: Detailed privacy policy and data collection procedures
6. Appendix A - Required Documents: List of documents required for loan processing
7. Appendix B - Electronic Signature Requirements: Technical requirements and procedures for electronic signing
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