Law Construction / Building Law

Building Project Finance in Hong Kong: Law and Practice, 2nd Edition

By Kam Fan Sin
LexisNexis Hong Kong December 1999

Specifications

ISBN-13
9789812360243
Publisher
LexisNexis Hong Kong
Publication
December 1999
Format
Hardback , 450 pages
Jurisdiction
Hong Kong ? Countri(es) for reference only

Details

The short supply of land in Hong Kong has driven the city to become a metropolis of high-rise buildings. This phenomenon has generated innovative responses in conveyancing and financing practices. The aim of this book is to describe the practice of financing property development in Hong Kong.
 
Building Project Finance in Hong Kong: Law and Practice explains the full range of building project finance documentation. The financing, project and security aspects of a project loan are examined in detail. The author explains the nature of the individual transactions involved and suggests the roles and practical functions of various documents and security devices. Typical provisions are analysed in depth with suggestions on how they may be negotiated by the borrower and the lender.
 
Cases are examined for the purpose of distilling practical lessons. In the 2nd Edition, the authors has emphasized the emerging trend of borrowers attacking not only the terms which have been agreed but the processes through which the transactions were concluded. A new chapter on lender liability has been added to cover potential legal pitfalls and how they can be avoided. Chapters covering conveyancing have been re-written to reflect changes in the area and cover practical issues on documentation and financing aspects of consent and non-consent schemes in greater depth.
 
This book will be invaluable to all involved in a project loan and property financing. Its extensive and insightful coverage on documentation and practice makes it a ready reference for practitioners and students interested in credit and security.

Table of Contents

Part I: Legal environment of project
l   Nature of ownership of land and flats
l   Consent and non-consent schemes
l   Lender liability
 
Part II: Mechanics of the loan
l   Loan facilities and syndication
l   Draw down and repayment mechanics
l   Interest computation
l   Yield protection
 
Part III: The project provisions
l   Representations and warranties
l   Covenants and development provisions
l   Defaults
 
Part IV: Aspects of project security
l   Corporate process in taking securities
l   Guarantees
l   Subordination
l   Securities over land and shares
l   Registration and priority
 
Appendix: Project loan agreement with drafting guidelines
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