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1. Do I have to comply with the Money Lenders Ordinance (Cap. 163) for lending a sum of money to a relative?

If you lend money to a relative on a one-off basis and not as a business of making loans, you are not required to obtain the money lender’s licence. However, as discussed above:

 

  1. you should not charge interest at a rate exceeding 48% per annum (which amounts to an offence); and
  2. if you charge interest at a rate exceeding 36% per annum (but less than 48% per annum), the loan is presumed to be an extortionate transaction and may not be enforceable in court.

 

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