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Commercial Loan Referral Fee Agreement
"I need a Commercial Loan Referral Fee Agreement for our Sydney-based commercial lending business that will allow accounting firms to refer clients to us, with a tiered commission structure based on loan size and a requirement for referrers to hold professional indemnity insurance."
1. Parties: Identifies the parties to the agreement - typically the referrer and the lender
2. Background: Sets out the context of the agreement, including the lender's business, referrer's role, and purpose of the arrangement
3. Definitions and Interpretation: Defines key terms used in the agreement and sets out interpretation rules
4. Appointment and Scope: Establishes the referrer's appointment and defines the scope of referral services
5. Referral Process: Details the process for making referrals and any requirements for information provision
6. Referral Fees: Specifies the fee structure, calculation method, and payment terms
7. Obligations of the Referrer: Lists the referrer's duties, including regulatory compliance and service standards
8. Obligations of the Lender: Sets out the lender's responsibilities regarding referrals and fee payments
9. Compliance Requirements: Details regulatory compliance obligations, including licensing and consumer protection requirements
10. Confidentiality: Addresses the protection of confidential information and customer data
11. Term and Termination: Specifies the agreement duration and termination provisions
12. General Provisions: Standard boilerplate clauses including governing law, notices, and dispute resolution
1. Non-Compete Provisions: Restrictions on the referrer's ability to refer to other lenders - include if exclusivity is required
2. Marketing and Branding: Guidelines for using each party's branding and marketing materials - include if joint marketing is contemplated
3. Training Requirements: Specifications for training of referrer's staff - include if complex products require specific knowledge
4. Professional Indemnity Insurance: Requirements for insurance coverage - include if regulatory requirements or risk profile demands it
5. Data Protection: Detailed data handling and protection requirements - include if extensive customer data sharing is involved
6. Service Levels: Specific performance metrics and standards - include if service levels need to be measured and maintained
7. Audit Rights: Rights to audit referral activities and compliance - include for high-value or high-risk arrangements
1. Fee Schedule: Detailed breakdown of fee structures, calculations, and examples
2. Referral Process Flow: Step-by-step process for making and handling referrals
3. Required Information: List of information required for each referral
4. Compliance Checklist: Checklist of regulatory requirements and compliance obligations
5. Approved Marketing Materials: Templates or examples of approved marketing materials and disclaimers
6. Contact Details: Key contact persons and escalation points for both parties
Authors
Financial Services
Banking
Commercial Lending
Professional Services
Business Advisory
Mortgage Broking
Commercial Property
Business Services
Accounting Services
Corporate Finance
Legal
Compliance
Commercial Lending
Business Development
Risk Management
Operations
Finance
Credit Assessment
Relationship Management
Partnership Development
Commercial Lending Manager
Business Development Manager
Compliance Officer
Legal Counsel
Chief Financial Officer
Partnership Manager
Relationship Manager
Credit Manager
Risk Manager
Operations Manager
Commercial Broker
Business Banking Manager
Financial Controller
Commercial Finance Manager
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