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Late Payment Agreement
"I need a Late Payment Agreement for my manufacturing company based in Hong Kong, acting as creditor to a retail client who owes HKD 500,000 and has agreed to pay in monthly installments over 18 months with 5% interest."
1. Parties: Identifies and defines the Creditor and Debtor, including full legal names and addresses
2. Background: Describes the original debt, circumstances leading to late payment, and purpose of this agreement
3. Definitions: Defines key terms used throughout the agreement including 'Original Debt', 'Late Payment Interest', 'Payment Schedule'
4. Acknowledgment of Debt: Formal acknowledgment of the outstanding amount and its validity by the Debtor
5. Payment Terms: Details of the new payment arrangement including amounts, dates, and method of payment
6. Interest and Charges: Specifies late payment interest rates, calculation methods, and any additional charges
7. Default Provisions: Consequences of failing to meet the new payment terms, including acceleration clauses
8. Representations and Warranties: Basic declarations by both parties regarding their capacity and authority to enter into the agreement
9. Notices: How formal communications between parties should be made and delivered
10. Governing Law and Jurisdiction: Confirms Hong Kong law governs the agreement and jurisdiction for disputes
11. Execution: Signature blocks and execution requirements
1. Security Provisions: Include when the debt is secured by assets or guarantees
2. Guarantee: Include when a third party is guaranteeing the debt payments
3. Early Payment Provisions: Include if there are discounts or benefits for early payment
4. Confidentiality: Include for sensitive commercial arrangements or when requested by either party
5. Force Majeure: Include for longer-term payment arrangements where external events might affect payment ability
6. Assignment: Include if either party needs the right to assign the agreement to another party
7. Variation: Include when parties want flexibility to modify payment terms under specific circumstances
1. Payment Schedule: Detailed breakdown of payment amounts and due dates
2. Original Debt Documentation: Copies or details of the original agreements or invoices creating the debt
3. Interest Calculation Method: Detailed explanation of how interest is calculated and applied
4. Security Details: If applicable, details of any security or collateral provided
5. Contact Details: List of relevant contact persons and their details for both parties
Authors
Financial Services
Retail
Manufacturing
Construction
Professional Services
Technology
Real Estate
Healthcare
Education
Wholesale Trade
Logistics
Hospitality
Finance
Legal
Accounts Receivable
Credit Control
Treasury
Risk Management
Compliance
Commercial Operations
Debt Recovery
Corporate Secretarial
Chief Financial Officer
Finance Director
Credit Controller
Accounts Receivable Manager
Collections Manager
Financial Controller
Treasury Manager
Legal Counsel
Company Secretary
Risk Manager
Commercial Director
Business Development Manager
Debt Recovery Specialist
Financial Analyst
Compliance Officer
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