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Deposit Pledge Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Deposit Pledge Agreement

"I need a Deposit Pledge Agreement governed by Hong Kong law for a corporate borrower pledging a single USD fixed deposit account as security for a term loan facility, with the account being held at the same bank that's providing the loan."

Document background
The Deposit Pledge Agreement is a crucial security document used in Hong Kong financial transactions where deposits serve as collateral for various obligations. This agreement is commonly utilized in lending arrangements, structured finance transactions, and other secured facilities where a party requires security over cash deposits. The document details the creation and perfection of the security interest, specifies the secured obligations, and outlines the rights and remedies available to the pledgee upon default. It must comply with Hong Kong legal requirements, including relevant provisions of the Securities and Futures Ordinance and Banking Ordinance. The agreement is particularly important in commercial lending scenarios where lenders require readily accessible and liquid security, and in structured finance transactions where cash collateral is a key component of the security package.
Suggested Sections

1. Parties: Identification of the Pledgor (deposit account holder), the Pledgee (security taker), and the Account Bank (if different from Pledgee)

2. Background: Context of the pledge arrangement, reference to any underlying obligations being secured

3. Definitions and Interpretation: Definitions of key terms including Deposit Account, Secured Obligations, Security Period, and interpretation clauses

4. Creation of Security: Express declaration of the pledge over the deposit account and all rights relating to it

5. Perfection of Security: Requirements for perfecting the security interest, including notice requirements and account bank acknowledgments

6. Pledgor's Representations and Warranties: Standard representations regarding ownership, capacity, and authority to pledge the deposit

7. Pledgor's Covenants: Ongoing obligations regarding the deposit account, including maintenance of minimum balance if applicable

8. Security Protection: Provisions for maintaining the effectiveness of the security

9. Enforcement: Rights and remedies of the Pledgee upon enforcement event, including right to withdraw or transfer deposits

10. Power of Attorney: Appointment of Pledgee as Pledgor's attorney for security enforcement purposes

11. Notices: Process for giving notices under the agreement

12. Assignment and Transfer: Provisions regarding ability to assign or transfer rights under the agreement

13. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and Hong Kong courts' jurisdiction

Optional Sections

1. Regulatory Compliance: Required when the deposit account is subject to specific regulatory requirements or when the Pledgor/Pledgee are regulated entities

2. Multiple Account Provisions: Required when the pledge covers multiple deposit accounts

3. Currency Provisions: Required when the deposit account is in foreign currency or multiple currencies are involved

4. Set-off Rights: Optional provisions regarding set-off rights between parties

5. Interest and Fees: Required when there are specific arrangements regarding interest earned on the deposit or fees payable

6. Company Requirements: Required when the Pledgor is a company, including corporate authority provisions and companies ordinance compliance

7. Bank's Rights and Obligations: Required when the Account Bank is different from the Pledgee

Suggested Schedules

1. Form of Notice to Account Bank: Template notice to be sent to the Account Bank regarding the creation of the pledge

2. Form of Acknowledgment: Template acknowledgment to be signed by the Account Bank

3. Details of Deposit Account(s): Schedule listing all deposit accounts covered by the pledge, including account numbers and branches

4. Secured Obligations: Description or list of the obligations secured by the pledge

5. Powers of Attorney: Detailed forms of any powers of attorney granted under the agreement

6. Required Filings: List of required regulatory or corporate filings relating to the pledge

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions










































Clauses





























Relevant Industries

Banking

Financial Services

Investment Management

Corporate Lending

Real Estate

Infrastructure

Manufacturing

Trading

Insurance

Asset Management

Private Equity

Venture Capital

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Credit

Banking Operations

Corporate Finance

Security Administration

Transaction Management

Relevant Roles

Legal Counsel

Banking Lawyer

Finance Lawyer

Compliance Officer

Risk Manager

Credit Manager

Treasury Manager

Security Trustee

Relationship Manager

Transaction Manager

Corporate Finance Manager

Chief Financial Officer

Finance Director

Company Secretary

Legal Director

Banking Operations Manager

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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