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Instrument Creating or Evidencing Charge or Mortgage

Instruments for Mortgages and Charges in Hong Kong

Instrument Creating or Evidencing Charge or Mortgage

In Hong Kong, the instrument creating or evidencing a mortgage or charge depends on the specific context:

For individuals:

  • Mortgage: Typically, a Mortgage Deed is used, drafted by a lawyer and registered with the Land Registry. This deed outlines the terms of the loan, property details, and security granted.

  • Charge: Depending on the nature of the charge (e.g., over personal property, shares), different instruments might be used, such as Charge Agreements, Debenture Agreements, or Security Agreements.

For companies:

  • Companies Ordinance (Cap. 622) regulates registration of charges created by companies.

  • The instrument creating or evidencing the charge (certified copy) needs to be submitted with the Statement of Particulars of Charge (Form NM1) to the Companies Registry.

  • The specific instrument depends on the type of charge, but common ones include Debentures, Debenture Trust Deeds, Loan Agreements with security clauses, or Charge Agreements.

Important Points

  • Always consult a professional to ensure the appropriate instrument is used and complies with legal requirements.

  • Registration for company charges and land mortgages is crucial for legal validity and public notice.

  • The Companies Registry website provides detailed information on charge registration and forms.

Additional Resources

How Bestar can Help

Here's a breakdown of how Bestar, as a company secretarial services provider, could assist with registration of company charges in Hong Kong:

1. Preparation of Documents:

  • Review and Verify Information: Bestar can review the instrument creating or evidencing the charge to ensure it accurately reflects the agreed-upon terms and complies with legal requirements.

  • Prepare Statement of Particulars (Form NM1): They can accurately complete the necessary form, providing details about the charge, company, and secured property/assets.

  • Certify Copies: They can create certified copies of the instrument, as required for submission to the Companies Registry.

2. Filing with the Companies Registry:

  • Submission of Documents: Bestar can handle the physical or electronic submission of the Form NM1 and certified copy of the instrument to the Companies Registry within the prescribed timeframe.

  • Fee Payment: They can manage the payment of the registration fee on your behalf.

  • Liaise with Registry: If any queries or clarifications arise during the process, they can act as a liaison between you and the Companies Registry.

3. Post-Registration:

  • Certificate of Registration: Upon successful registration, Bestar can obtain the Certificate of Registration from the Companies Registry and provide it to you.

  • Maintenance of Records: They can maintain a register of charges for your company, ensuring compliance with record-keeping obligations.

  • Subsequent Actions: If needed, they can assist with subsequent actions like modifications, discharges, or renewals of charges.

Contact Bestar today!

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