The Confessed Judgment Promissory Note is a powerful financial instrument used in Hong Kong when parties seek to establish a debt obligation with enhanced enforcement mechanisms. It serves as both evidence of debt and a pre-agreed judgment authorization, commonly utilized in business loans, commercial transactions, and structured financing arrangements. The document's dual nature as both a promissory note and a confession of judgment provides creditors with stronger enforcement rights while offering potential cost and time savings in case of default. Under Hong Kong law, these instruments must be carefully drafted to ensure compliance with both the Bills of Exchange Ordinance and civil procedure requirements, particularly regarding the confession of judgment provisions. The document is especially valuable in situations where creditors require additional security and expedited enforcement options beyond standard promissory notes.
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1. Title and Date: Clearly identifies the document as a Confessed Judgment Promissory Note and states the date of execution
2. Maker and Payee Information: Full legal names and addresses of the maker (promisor) and payee (promisee)
3. Promise to Pay: Unconditional promise to pay a specific sum of money, including the principal amount in both numbers and words
4. Payment Terms: Details of payment schedule, including due date(s), installment amounts if applicable, and place of payment
5. Interest Rate: Specified interest rate, calculation method, and payment schedule for interest
6. Confession of Judgment: Express authorization for entry of judgment upon default, including specific amount and jurisdiction
7. Default Provisions: Defines events of default and consequences, including acceleration clause
8. Governing Law: Specifies Hong Kong law as governing law and jurisdiction
9. Execution: Signature blocks for maker and witness, with date
1. Security Interest: Include when the note is secured by collateral or other assets
2. Guarantor Provisions: Include when there is a guarantor for the note
3. Prepayment Terms: Include when early payment is allowed, specifying any penalties or conditions
4. Late Payment Penalties: Include when specific late payment fees or penalties apply
5. Attorney's Fees: Include when the maker agrees to pay legal fees in case of enforcement
6. Assignment Rights: Include when transfer or assignment rights need to be specified
7. Notice Provisions: Include when specific notice requirements need to be detailed
1. Payment Schedule: Detailed breakdown of installment payments, including dates and amounts
2. Collateral Description: Detailed description of any assets securing the note
3. Interest Calculation Table: Schedule showing interest calculation method and examples
4. Guarantor Details: Full information about guarantors and extent of guarantee
5. Default Interest Rate Schedule: Table showing applicable default interest rates and calculation methods
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Real Estate
Commercial Lending
Private Equity
Investment Management
Corporate Finance
Small and Medium Enterprises
Construction
Manufacturing
Professional Services
Relevant Teams
Legal
Finance
Credit & Collections
Risk Management
Treasury
Compliance
Corporate Banking
Commercial Lending
Investment
Business Development
Relevant Roles
Chief Financial Officer
Finance Director
Credit Manager
Legal Counsel
Corporate Lawyer
Loan Officer
Risk Manager
Collections Manager
Treasury Manager
Compliance Officer
Financial Controller
Business Development Manager
Commercial Director
Investment Manager
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