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The products and services set out in this website are offered only in jurisdiction where and when they may be lawfully offered by BY Finance (“the Company”). The material on these pages are not intended for use by persons located in or resident in jurisdiction which restricts the distribution of this material by us. Persons intending to access these pages are required to inform themselves about and observe any relevant restrictions.
These pages should not be regarded as an offer or solicitation to provide products or services described therein to any person to whom it is unlawful to make such an offer or solicitation or where the local law or regulation does not permit the use of such products or services.
The information contained in these pages is not intended to provide professional advice and should not be relied upon in that regard. It is strongly recommended that specific advice should be sought where the circumstances require. Any information, products or services supplied in this website may be withdrawn or amended at any time without advance notice at the discretion of the Company. The eligibility of clients for particular information, products or service is subject to the final and absolute discretion of the Company.It is your sole responsibility to prevent, safeguard and ensure that no computer virus enters your system and this website.
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All contents of this website are owned by the Company and are protected by applicable copyright and other intellectual property laws.The materials on this website are not intended for use by persons located in, or persons who are resident in jurisdictions which restrict the distribution of this material by BY Finance (“the Company”). Persons accessing this Website are required to note the said restrictions in their jurisdictions. The material in this website should not be regarded as an offer or solicitation to sell investments or products related thereto, or to make deposits in any jurisdiction to any person where it would be unlawful to do so.
The material in this website should not be regarded as an offer or solicitation to sell investments or products related thereto, or to make deposits in any jurisdiction to any person where it would be unlawful to do so.
The information contained herein is not intended to provide any professional advice and should not be relied upon in that regard. Persons accessing this website are advised to obtain appropriate and independent professional advice wherever necessary.
Any information, products or services supplied in this website may be withdrawn or amended at any time without advance notice, at the discretion of the Company. The eligibility of clients for particular information, products or services is subject to the final and absolute discretion of the Company.
It is your sole responsibility to prevent, safeguard and ensure that no computer virus shall enter your system and this website.
The provisions of the Money Lenders Ordinance (Cap.163 of Laws of Hong Kong) (the "Ordinance") summarised below are important for the protection of all the parties to a loan agreement, and should be read carefully. The summary is not part of the law, and reference should be made to the provisions of the Ordinance itself in case of doubt.
Summary of Part III of the Ordinance-Money lenders transactions
Section 18 sets out the requirements relating to loans made by a money lender. Every agreement for a loan must be put into writing and signed by the borrower within 7 days of making the agreement and before the money is lent. A copy of the signed note of the agreement must be given to the borrower, with a copy of this summary, at the time of signing. The signed note must contain full details of the loan, including the terms of repayment, the form of security and the rate of interest. An agreement which does not comply with the requirements will be unenforceable, except where a court is satisfied that it would be unjust not to enforce it.
Section 19 provides that a money lender must, if requested in writing and on payment of the prescribed fee for expenses, give the original and a copy of a written statement of a borrow's current position under a loan agreement, including how much has been paid, how much is due or will be due, and the rate of interest. The borrower must endorse on the copy of the statement words to the effect that he has received the original of the written statement and return the copy as so endorsed to the money lender.The money lender must retain the copy of the statement so returned during the continuance of the agreement to which that statement relates. If the money lender does not do so he commits an offence. The money lender must also, upon a request in writing, supply a copy of any document relating to the loan or security. But a request cannot be made more than once per month. Interest is not payable for so long as the money lender, without good reason, fails to comply with any request mentioned in this paragraph.
Section 20 provides that the surety, unless he is also the borrower, must within 7 days of making the agreement be given a copy of the signed note of the agreement, a copy of the security instrument (if any) and a statement with details of the total amount payable. The money lender must also give the surety, upon request in writing at any time (but not more than once per month) a signed statement showing details of the total sum paid and remaining to be paid. The security is not enforceable for so long as the money lender, without good reason, fails to comply.
Section 21 provides that a borrower may at any time, on giving written notice, repay a loan together with interest to the date of repayment, and no higher rate of interest may be charged for early repayment.
This provision, however, will not apply where the money lender is recognised, or is a member of an association recognised, by the Financial Secretary by notice in the Gazette in force under section 33A(4) of the Ordinance.
Section 22 states that a loan agreement is illegal if it provides for the payment of compound interest, or provides that a loan may not be repaid by instalments. A loan agreement is also illegal if it charges a higher rate of interest on amounts due but not paid, although it may provide for charging simple interest on that part of the principal and interest outstanding at a rate not exceeding the rate payable apart from any default. The illegal agreement may, however, be declared legal in whole or in part by a court if the court is satisfied that it would be unjust if the agreement were illegal because it did not comply with this section.
Section 23 declares that a loan agreement with a money lender and any security given for the loan will not be enforceable if the money lender was unlicensed at the time of making the agreement or taking the security. The loan agreement or security may, however, be declared enforceable in whole or in part by a court if the court is satisfied that it would be unjust if the agreement or security were unenforceable by virtue of this section.
Summary of Part IV of the Ordinance-Excessive interest rates
Section 24 fixes the maximum effective rate of interest on any loan at 60% per annum (the "effective rate" is to be calculated in accordance with the Second Schedule to the Ordinance). A loan agreement providing for a higher effective rate will be unenforceable and the lender will be liable to prosecution. This maximum rate may be changed by the Legislative Council but not so as to affect existing agreements. The section does not apply to any loan made to a company which has a paid up share capital of not less than $1,000,000 or, in respect of any such loan, to any person who makes that loan.
Section 25 provides that where court proceedings are taken to enforce a loan agreement or security for a loan or where a borrower or surety himself applies to a court for relief, the court may look at the terms of the agreement to see whether the terms are grossly unfair or exorbitant (an effective rate of interest exceeding 48% per annum or such other rate as is fixed by the Legislative Council, may be presumed, on that ground alone, to be exorbitant), and, taking into account all the circumstances, it may alter the terms of the agreement in such a manner as to be fair to all parties. The section does not apply to any loan made to a company which has a paid up share capital of not less than $1,000,000 or, in respect of any such loan, to any person who makes that loan.