The below guides examine the key issues that foreign lenders might encounter when lending to a borrower in Hong Kong. The practice notes discuss three major aspects:

1. Legal and Documentation Issues

A Practice Note providing an overview of the key legal and documentation considerations for a loan agreement which is subject to English law or the law of a US state where a borrower, guarantor or security provider is incorporated in Hong Kong.

2. Regulatory Issues

A Practice Note looking at regulatory issues for a proposed loan finance transaction where the borrower is a company incorporated in Hong Kong and the lender is incorporated in another jurisdiction. It considers economic and trade sanctions laws, anti-money laundering laws, anti-corruption and anti-bribery laws, and currency exchange controls in Hong Kong of interest to foreign lenders, and highlights any licensing or other restrictions on foreign lenders making loans to, or taking security or guarantees from, a company incorporated in Hong Kong.

3. Structuring the Transaction

A Practice Note looking at the key considerations involved in structuring a loan to a company incorporated or located in Hong Kong (which may also involve a guarantor or security provider incorporated or located in, or assets located in, Hong Kong), where the lender is incorporated in another jurisdiction. It looks at considerations such as tax, costs and regulatory issues, and issues that can affect taking security and guarantees.



Reproduced with the permission from Thomson Reuters. This article was first published in Practical Law, click below links for the original article.

1. Lending to a Company in Hong Kong: Legal and Documentation Issues
2. Lending to a Company in Hong Kong: Regulatory Issues
3. Lending to a Company in Hong Kong: Structuring the Transaction


Asia Head of FinTech and Financial Services Regulatory; Partner

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