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Trust Loan Agreement

Trust Loan Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Trust Loan Agreement

"I need a Trust Loan Agreement for a family trust lending HKD 10 million to a family business, with quarterly interest payments and full repayment by March 2025, including provisions for multiple beneficiaries and potential early repayment options."

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Document background
The Trust Loan Agreement is utilized when parties wish to establish a loan arrangement within a trust structure, typically for wealth management, family succession, or specialized financing purposes. This document is particularly relevant in Hong Kong, a major financial center with a robust trust and banking sector. The agreement combines traditional loan provisions with trust elements, ensuring compliance with Hong Kong's Trustee Ordinance, Money Lenders Ordinance, and related financial regulations. It specifies the loan amount, interest rates, repayment terms, and trust management provisions, while incorporating necessary safeguards for all parties. The Trust Loan Agreement is commonly used in scenarios involving family wealth management, structured financing, or when there's a need to separate legal and beneficial ownership of loan assets. The document must comply with Hong Kong's common law system and specific statutory requirements governing trusts and financial transactions.
Suggested Sections

1. Parties: Identifies and defines the Lender (Trustee), Borrower, and any Beneficiaries of the trust

2. Background: Sets out the context of the trust loan arrangement and the parties' intentions

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. Trust Declaration: Formal declaration of trust and specification of trust property (loan funds)

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

6. Interest: Details the interest rate, calculation method, and payment terms

7. Drawdown: Conditions precedent and procedures for loan disbursement

8. Repayment Terms: Schedule and method of repayment, including principal and interest

9. Representations and Warranties: Standard representations made by parties regarding their capacity and authority

10. Borrower's Covenants: Ongoing obligations of the borrower during the loan term

11. Events of Default: Circumstances constituting default and consequences thereof

12. Trust Powers and Duties: Specifies the trustee's powers, responsibilities, and limitations

13. Costs and Expenses: Allocation of costs related to the agreement and loan administration

14. Notices: Process for formal communications between parties

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

16. General Provisions: Standard boilerplate clauses including severability, entire agreement, etc.

Optional Sections

1. Security: Include when the loan is secured by collateral or guarantees

2. Trust Protector: Include when a trust protector is appointed to oversee the trustee's actions

3. Investment Powers: Include when the trustee has discretion to invest unutilized trust funds

4. Tax Provisions: Include when specific tax arrangements or considerations need to be addressed

5. Multiple Beneficiaries: Include when there are multiple beneficiaries with different interests

6. Prepayment Terms: Include when early repayment is permitted with specific terms

7. Trust Distribution Rules: Include when specific rules govern how loan repayments are to be distributed

8. Change of Trustee: Include when mechanism for trustee replacement needs to be specified

9. Foreign Currency Provisions: Include when loan involves foreign currency transactions

Suggested Schedules

1. Schedule 1 - Loan Details: Detailed breakdown of loan amount, interest rates, and payment schedule

2. Schedule 2 - Conditions Precedent: List of documents and conditions required before drawdown

3. Schedule 3 - Drawdown Notice: Form of drawdown request to be submitted by borrower

4. Schedule 4 - Repayment Schedule: Detailed amortization schedule if applicable

5. Schedule 5 - Security Details: Description of any security or collateral (if applicable)

6. Appendix A - Trust Property Schedule: Detailed description of the trust property (loan funds)

7. Appendix B - Beneficiary Information: Details of beneficiaries and their respective interests

8. Appendix C - Fee Schedule: Breakdown of all applicable fees and charges

9. Appendix D - Required Forms: Standard forms for notices, certificates, and other communications

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Relevant Industries

Financial Services

Banking

Wealth Management

Private Equity

Real Estate

Family Office

Asset Management

Investment Services

Professional Services

Trust Services

Relevant Teams

Legal

Compliance

Wealth Management

Trust Administration

Credit

Risk Management

Corporate Banking

Investment Management

Client Relations

Financial Control

Relevant Roles

Trust Manager

Wealth Manager

Legal Counsel

Compliance Officer

Financial Advisor

Trust Administrator

Relationship Manager

Credit Officer

Risk Manager

Portfolio Manager

Investment Director

Trust Officer

Corporate Lawyer

Banking Officer

Fund Manager

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