Hong Kong Interpretation 5 Presentation of Financial Statements – Classification by the Borrower of a Term Loan that Contains a Repayment on Demand Clause

The Questions and Answers (Q&As) below have been developed by the Financial Reporting Standards Committee ("FRSC") of the Hong Kong Institute of Certified Public Accountants (the HKICPA) and are for general guidance only. The HKICPA, FRSC and their staff do not accept any responsibility or liability in respect of the Q&As and any consequences that may arise from any person acting or refraining from action as a result of any materials in the Q&As. Members of the HKICPA and other users of these Q&As should also read the original text of Hong Kong Interpretation 5 Presentation of Financial Statements – Classification by the Borrower of a Term Loan that Contains a Repayment on Demand Clause, as found in the HKICPA Members’ Handbook for further reference and seek professional advice where necessary when applying the guidance contained in these Q&As.

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Summary of HK Interpretation 5

1. "Term loans" are loans which are repayable on a specific date or in instalments over a period of time, usually in excess of one year. Loan facility agreements for such loans will set out the basic terms, such as the scheduled repayment date(s), interest rates and additional charges for early repayment, and may also include specific clauses which define default events which would give the lender the right to accelerate the repayment terms if those events occur.
2. In addition to defining events of default and the consequences of their occurrence, some term loan agreements include an overriding repayment on demand clause, which gives the lender the right to demand repayment at any time at their sole discretion and irrespective of whether a default event has occurred.
3. The purpose of Hong Kong Interpretation 5 Presentation of Financial Statements – Classification by the Borrower of a Term Loan that Contains a Repayment on Demand Clause (HK-Interpretation 5) is to set out the conclusions of the FRSC on the question of whether a term loan which is subject to a repayment on demand clause should be classified by the borrower as current or non-current in accordance with the criteria for classification of liabilities as set out in paragraph 69 of HKAS 1 Presentation of Financial Statements.
4. The Conclusion reached by the FRSC on this issue is that the classification of a term loan as a current or non-current liability in accordance with paragraph 69(d) of HKAS 1 shall be determined by reference to the rights and obligations of the lender and the borrower, as contractually agreed between the two parties and in force as of the reporting date. On this basis, loans subject to loan agreements which include a clause which gives the lender the unconditional right to call the loan at any time shall be classified by the borrower as current in its statement of financial position (balance sheet). In this regard, the probability of the lender choosing to exercise its rights within the next twelve months after the reporting date is not relevant.

Commonly asked questions regarding the application of HK Interpretation 5