If you are unable to provide bank statements showing the relevant cash income deposits as income proof, you are required to provide a written declaration explaining the reason for missing. If you can only provide proof of the latest residential address in the name of other person (e.g. family member) living with you, you are required to provide a declaration explaining the situation and provide a copy of bank statement issued to you in such residential address.
Declaration of the Borrower
In this Declaration, unless otherwise specified, all references to a document shall include any subsequent amendment or supplement thereto from time to time.
In consideration of the agreement of the HKMC and the HKMCI to consider the Lender’s offer (in relation to the Loan) under the Scheme, the Borrower confirms and undertakes to the HKMC, the HKMCI, the Lender, TransUnion Limited and/or any other credit reference agencies (each a CRA ) (as appropriate) that:
- the information given at any time in or for the purpose of this application is to the best of the Borrower’s knowledge and belief true, accurate, up-to-date and complete as at the date of its submission. The Borrower hereby authorises the Lender, the HKMC and the HKMCI to verify or confirm such information, directly or indirectly or through TransUnion Limited and/or any other CRA or from any source or in any manner as they may choose or deem appropriate, and to obtain on behalf of the Borrower within 90 days from the day of signing of this application by the Borrower, a copy of the Borrower’s credit report from any CRA for the purposes of the commitment to purchase to be granted by the HKMC via the HKMCI relating to the Loan and other related purposes, and any other purposes in connection with the business of the HKMC or the HKMCI or any of its related bodies; in this connection, the Borrower consents to and authorises any CRA to provide a copy of the Borrower’s credit report directly to the HKMC or the HKMCI without having first sent the Borrower a copy of the credit report for review;
- the Borrower hereby agrees and acknowledges to all CRAs that the provision of any credit report by any CRA to the HKMC or the HKMCI or the use of any such credit report by the HKMC or the HKMCI shall not be made the basis of any complaint, claim, suit, demand, cause of action or other proceeding against the CRA, the HKMC, the HKMCI or the Lender by the Borrower or any third party;
- the Borrower hereby agrees that a copy or an electronic record of this application bearing his signature(s)
(including electronic signature) shall for the purpose of this application (including this Declaration), have the same effect as if it were the original thereof;
- the Borrower hereby authorises (a) the Lender, the HKMC, the HKMCI and their related bodies to access, inspect and make copies of all books, records, accounts and any other information relating to the Borrower or the Borrower’s business (for Borrower who is self-employed), whether in paper, electronic or any other form or medium and whether in the possession, custody or control of the Lender, the Borrower or otherwise, and (b) the HKMC or the HKMCI to disclose any information relating to the Borrower under the Scheme and/or under the SME Financing Guarantee Scheme (SFGS) to the Lender, for any purpose relating to this application, monitoring the performance of the Loan, conducting quality assurance sampling review (Including but not limited to a reference check on the Borrower's current or former employment), due diligence review, processing a request for payment under the Scheme and other related purposes;
- the Scheme is for the sole and exclusive benefit of the Lender, and that the Borrower shall not be deemed to be a party to it, or a beneficiary of it, and that no payments made under the Scheme to the Lender shall affect or lessen the Lender’s rights of remedy against the Borrower in the event of default under the Loan;
- the Borrower is a Hong Kong permanent resident aged 18 years old or above;
- as at the date of this application, the Borrower is not an undischarged bankrupt and no bankruptcy petition or proceedings has been made against the Borrower;
- the Borrower hereby undertakes to inform the HKMC, the HKMCI and the Lender as soon as practicable if any information provided by the Borrower in connection with this application is no longer valid, complete or accurate. The Borrower undertakes to repay in full all the outstanding amounts with respect to the Loan with interest within such time specified upon notification by the HKMC, the HKMCI or the Lender, if any information provided by the Borrower in connection with this application is false, inaccurate or no longer valid. The Borrower acknowledges that the HKMC, the HKMCI and the Lender reserve the right to take any actions, including legal actions, that are considered appropriate by the HKMC, the HKMCI and the Lender against the Borrower for furnishing false information;
- without prejudice to any rights and remedies that the Lender, the HKMC or the HKMCI may have, the Borrower acknowledges that the HKMC or the HKMCI may forthwith request the Lender to suspend the Loan, and the Lender shall act accordingly, in the event that the HKMC or the HKMCI is in the opinion that the Borrower is:
- in breach of any of the undertakings given in this application; or
- no longer in compliance with, or has not complied with any declaration in this application;
- the Borrower hereby declares, confirms and consents, in relation to this application, for the provision of his personal data in or relating to this application and at the HKMC’s or HKMCI’s request and/or in the course of dealing with the HKMC or the HKMCI, and the Borrower will indemnify and hold the Lender, the HKMC and the HKMCI harmless from all losses, costs, penalties, damages and any expenses suffered and/or incurred as the result of such declaration and confirmation being untrue and in relation to any breach of the terms of this application;
- the Borrower hereby acknowledges receipt of, confirms that he has read and understood and consents to the "Personal Information Collection Statement of the HKMC Group" (which accompanies this application or which has been provided by the Lender to the Borrower);
- the Borrower hereby agrees and acknowledges that (a) this application if approved, the Lender will immediately after the Loan is drawn, sell, transfer and assign the Loan in favour of the HKMC; and (b) after the transfer, the HKMC shall be responsible for the rebate of the interest in accordance with the Loan documents; and
- By making any intentional or negligent misrepresentation or false declaration and/or by providing false information or omitting to provide relevant information in connection with this application, the Borrower may incur civil and/or criminal liability. In addition, the application for the Loan may be rejected or, if approved or granted, the Lender reserves the right to suspend any and all disbursement of funds to the Borrower in respect of the Loan;
- Proceeds of the Loan will not be used to settle a loan (or part thereof) granted under the Scheme; and
- In support and for the purpose of applying for an eligible Loan under the Scheme, the Borrower agrees to cooperate with the Lender and/or the HKMCI to provide supporting documents and information, and for the Lender and/or the HKMCI to verify documents and information from any source or in any manner as the Lender and/or the HKMCI may choose or deem appropriate.
Probity Clause for acknowledgement by the Borrower
Any attempt to offer advantage (as defined in the Prevention of Bribery Ordinance (POBO)(Chapter 201 of the Laws of Hong Kong) to any staff of the Lender with a view to influencing the outcome of this loan application or any matters in relation to the loan under the Scheme (or offer advantage to any members or employees of the HKMCI or the HKMC in the course of this loan application) constitutes an offence under POBO and renders the application invalid. The case will be reported to the Independent Commission Against Corruption (ICAC). Any approved loans will be cancelled and the Borrower will be liable to all losses and expenses incurred by the Lender, HKMCI and HKMC as a result of the offence. You should report to ICAC (Telephone No.:2526 6366) if any person solicits an advantage from you in relation to this loan application.
