(1)

I/We hereby acknowledge and agree that, subject to paragraph (2), any information with respect to me/us which is provided by me/us at the request of Standard Chartered Bank (Hong Kong) Limited(“the Bank”) or collected in the course of dealings between me/us and the Bank may be disclosed to, or used and retained by any credit reference agency or similar service provider to verify such information, or conduct credit checks, or perform site visit (including photo shooting), or enable them to provide such information to other institutions:

 

(a)

in order that they may carry out credit and other status checks in respect of me/us in my/our capacity as applicant for, or guarantor of, credit facilities; and

 

(b)

for the purposes of reasonable monitoring of any indebtedness while there is a current default by me/us as borrower or guarantor.

(2)

I/We may by giving the Bank 90 days’ notice in writing (which will take effect from the date of receipt by the Bank) revoke the consent contained in paragraph (1).

(3)

If I/we give notice to revoke the consent given pursuant to paragraph (1) in accordance with paragraph (2):

 

(a)

subject to paragraphs (3) (f) and (g) below, the Bank may continue to disclose information pursuant to paragraph (1) until the notice of revocation given pursuant to paragraph (2) expires;

 

(b)

the Bank may notify all persons to whom the Bank is permitted to disclose information pursuant to paragraph (1) of the fact that a notice of revocation has been given pursuant to paragraph (2);

 

(c)

the Bank may regard the notice of revocation served on the Bank as also applying to the consent I/we have previously given in respect of all other credit facilities granted to me/us;

 

(d)

the Bank may terminate any facilities extended to me/us with effect from the date to be advised by the Bank;

 

(e)

the credit reference agency or similar service provider may continue to retain information provided to it by the Bank in its internal archive for its internal use but not for provision of such information to other institutions when they seek credit reports;

 

(f)

the Bank may continue to provide information relating to hire purchase and leasing transactions and loan and overdraft to wholesalers and retailers to finance the acquisition of stock in trade to the credit reference agency or similar service provider notwithstanding revocation of the consent referred to in paragraph (2) above; and

 

(g)

the credit reference agency or similar service provider may continue to provide information relating to hire purchase and leasing transactions and loan and overdraft to wholesalers and retailers to finance the acquisition of stock in trade and information which is a matter of public record notwithstanding the revocation of the consent referred to in paragraph (2) above.

(4)

Subject to paragraphs (2) and (3), this consent shall remain in effect:

 

(a)

as long as I/we maintain an account relationship with the Bank and for a period of five years thereafter; or

 

(b)

if later, for the period of five years after the date of settlement following a payment default of more than sixty days.

(5)

The consent contained in this section supersedes any previous Customer Consent Form previously signed by me/us. The acknowledgement and agreement contained in this section is in addition to and does not affect any agreement or consent contained in the Bank’s account documentation and/or standard terms and conditions.

(1)

I/We hereby acknowledge and agree that, subject to paragraph (2), any information with respect to me/us which is provided by me/us at the request of Standard Chartered Bank (Hong Kong) Limited (“the Bank”) or collected in the course of dealings between me/us and the Bank may be disclosed to, or used and retained by any credit reference agency or similar service provider to verify such information, or conduct credit checks, or perform site visit (including photo shooting), or enable them to provide such information to other institutions:

 

(a)

in order that they may carry out credit and other status checks in respect of me/us in my/our capacity as applicant for, or guarantor of, credit facilities; and

 

(b)

for the purposes of reasonable monitoring of any indebtedness while there is a current default by me/us as borrower or guarantor.

(2)

I/We may, within 5 years after account termination and by giving the Bank notice in writing, instruct the Bank to request the relevant credit reference agency as soon as reasonably practicable for deletion of data in respect of an account which has been terminated from its database provided that:

 

(a)

the account has been settled by full payment (other than payment by refinancing of the debit balance on the account by the Bank); and

 

(b)

there has not been any material default on the account within 5 years immediately before the account termination (whether or not such default period fell entirely within those 5 years).

(3)

If I/we give opt-out request of account data in accordance with paragraph (2):

 

(a)

subject to paragraphs 3(c) and (d) below, the Bank may continue to disclose information pursuant to paragraph (1) until the deletion of account data becomes effective;

 

(b)

the Bank may, unless otherwise specified, regard the opt-out request served on the Bank as also applying to the other terminated account data disclosed to, or used and retained by any credit reference agency or similar service provider in accordance with paragraph (1);

 

(c)

the Bank may continue to provide information relating to hire purchase and leasing transactions and loans to wholesalers and retailers to finance the acquisition of stock in trade to the credit reference agency or similar service provider notwithstanding the opt-out request referred to in paragraph (2) above; and

 

(d)

the credit reference agency or similar service provider may continue to provide information relating to hire purchase and leasing transactions and loans to wholesalers and retailers to finance the acquisition of stock in trade and information which is a matter of public record notwithstanding the opt-out request referred to in paragraph (2) above.

(4)

This consent pursuant to paragraph (1) shall remain in effect:

 

(a)

as long as I/we maintain an account relationship with the Bank and for a period of five years thereafter; or

 

(b)

if later, for the period of five years after the date of settlement following a payment default of more than sixty days.

(5)

The consent contained in this section supersedes any previous Customer Consent Form previously signed by me/us. The acknowledgement and agreement contained in this section is in addition to and does not affect any agreement or consent contained in the Bank’s account documentation and/or standard terms and condition.

(1)

I/We confirm that the information given herein is true and complete and authorise the Bank to contact all necessary parties for verification if needed. I/We agree to provide any additional information/documents which the Bank may require from me/us.

(2)

I/We acknowledge that the Standard Terms, Account Terms, Country Supplement (Hong Kong) and Conditions for Accounts (Hong Kong) and any other prevailing terms and conditions have been made available to me/us and I/we agree to be bound by them.

(3)

I/We agree to repay all loan, handling fee, interest and charges thereon in accordance with the Terms and Conditions of Business Instalment Loan (for SME Banking) and Smart Business BonusPack and/or such other terms and conditions as applicable and/or as required by the Bank from time to time. I/We further acknowledge that I/we have obtained a copy of, read and understand, and agree to comply with and be bound by, the Terms and Conditions of Business Instalment Loan (for SME Banking) and Smart Business BonusPack.

(4)

I/We understand that the Bank reserves the right to decline this application without giving any reason and retain all supporting documents submitted for the processing of the application, no matter the application is accepted or declined.

(5)

I/We hereby further warrant that

 

(a)

this application and the execution and submission of the same by the undersigned has been authorised and/or approved and this application shall constitute the Bank’s authority to accept, rely and act on instructions relating to the loan and the overdraft;

 

(b)

where the applicant is a sole proprietorship, the undersigned is the sole proprietor and ultimate beneficial owner and has duly signed this application form; and where the applicant is a partnership, the undersigned are partners and all partners have duly signed this application form; and where the applicant is a company, the undersigned director(s) or any other person(s) authorised by the company to sign on this application form on behalf of the company and has/have duly signed this application form;

 

(c)

where the applicant is a sole proprietorship or partnership, as at the date of this application and the date of loan drawdown and the date of overdraft setup, all information required to be filed pursuant to the Business Registration Ordinance have been so filed and all such information together with the Business Registration Certificate are all current and accurate (as the case may be) and that there is no petition for bankruptcy presented against me / or any of us; and

 

(d)

where the applicant is a company, as at the date of this application and the date of loan drawdown and the date of overdraft setup, the Company’s Certificate of Incorporation, Memorandum and Articles of Association and all other returns required to be filed with the Registrar of the Companies pursuant to the Companies Ordinance have been so duly filed and are all current and there is no petition for winding up made against the company.

(6)

I/We note that section 83 of the Banking Ordinance imposes on the Bank certain limitations on advances to persons (including firms, partnerships and non-listed companies) related to it or any of its directors, employees with lending authority or controllers (each person so related shall be referred to as “Related Person”). I/We agree that I/we shall advise the Bank immediately in writing if I/we are, or any of our directors, controllers, partners, managers, agents or guarantors is, a Related Person within the meaning of the Banking Ordinance as at the date of this application. I/We further undertake that if at any time after the date of this application I/we become, or are aware that any of our directors, controllers, partners, managers, agents or guarantors is or becomes, a Related Person, I/we shall immediately notify the Bank in writing thereof.

(7)

If Application with Guarantor or Provider of Security I/We hereby consent to the Bank providing to any guarantor or provider of security in respect of any loan, overdraft or credit facilities extended to me/us and/or to the solicitor acting for such guarantor or provider of security the following:

 

(a)

any financial information concerning me/us;

 

(b)

a copy of the contract and copies of the contracts from time to time evidencing the obligations to be guaranteed or secured or a summary thereof;

 

(c)

a copy of any formal demand for overdue payment which is sent to me/us after I/we have failed to settle an overdue amount following a customary reminder; and

 

(d)

from time to time on request by the guarantor or provider of security, a copy of the latest statement of account provided to me/us.

(8)

(a)

 

(b)

(9)

(10)