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Loan Referral Agreement Template for Australia

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Key Requirements PROMPT example:

Loan Referral Agreement

"I need a Loan Referral Agreement for my mortgage broking business to refer residential property loans to a major bank, with an exclusivity clause and a 0.5% commission structure, compliant with Australian regulations."

Document background
The Loan Referral Agreement is essential for businesses operating in the Australian financial services sector who wish to establish formal referral arrangements for loan products. This document is typically used when a business wants to refer potential borrowers to a lender in exchange for commission payments, while ensuring compliance with Australian financial services regulations. The agreement addresses key aspects such as referral processes, commission structures, regulatory compliance (including Australian Credit License obligations where applicable), privacy requirements, and risk allocation. It's particularly relevant in the context of the Australian regulatory framework, which includes strict requirements under the National Consumer Credit Protection Act 2009 (Cth) and related legislation. The agreement helps parties establish clear parameters for their relationship while maintaining compliance with applicable laws and regulations.
Suggested Sections

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 regulatory context

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles

4. Appointment and Scope: Establishes the referrer's appointment and scope of authority

5. Regulatory Compliance: Sets out obligations regarding licensing, authorizations, and regulatory requirements

6. Referrer Obligations: Details the referrer's duties, including customer interaction and information collection

7. Lender Obligations: Outlines the lender's responsibilities in handling referrals

8. Commission Structure: Details the commission rates, calculation methods, and payment terms

9. Privacy and Data Protection: Addresses handling of customer information and compliance with privacy laws

10. Representations and Warranties: Contains key promises and statements by both parties

11. Term and Termination: Specifies agreement duration and termination rights

12. Confidentiality: Governs handling of confidential information

13. Liability and Indemnities: Allocates risk and establishes indemnification obligations

14. General Provisions: Contains standard legal provisions including governing law, notices, and assignment

Optional Sections

1. White Labeling: Include when the referrer will present loans under their own branding

2. Marketing and Promotion: Include when specific marketing arrangements or restrictions need to be addressed

3. Training Requirements: Include when the lender will provide training to referrer's staff

4. Audit Rights: Include when detailed audit provisions are required beyond standard regulatory compliance

5. Exclusivity: Include when the referrer is restricted from working with other lenders

6. Insurance Requirements: Include when specific insurance coverage is required beyond standard business insurance

7. Service Levels: Include when specific performance metrics or response times need to be established

8. Dispute Resolution: Include when specific dispute resolution procedures beyond court jurisdiction are required

Suggested Schedules

1. Commission Rates: Detailed breakdown of commission structures and rates for different loan products

2. Referral Process: Step-by-step process for making and handling referrals

3. Required Customer Information: Lists the minimum customer information needed for referrals

4. Approved Marketing Material: Templates or examples of approved marketing materials

5. Compliance Procedures: Detailed procedures for ensuring regulatory compliance

6. Service Territory: Definition of geographical areas or market segments covered

7. Loan Products: Description of loan products that can be referred

8. Key Performance Indicators: Metrics for measuring referral performance

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions








































Clauses




































Relevant Industries

Financial Services

Banking

Mortgage Broking

Real Estate

Property Development

Asset Finance

Commercial Lending

Consumer Finance

Professional Services

Insurance

Wealth Management

Automotive Finance

Equipment Finance

Relevant Teams

Legal

Compliance

Business Development

Sales

Partnerships

Risk Management

Operations

Finance

Credit Assessment

Commercial Lending

Retail Banking

Business Banking

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Head of Partnerships

Business Development Manager

Compliance Officer

Legal Counsel

Credit Manager

Relationship Manager

Partnership Manager

Risk Manager

Commercial Director

Head of Sales

Finance Manager

Operations Manager

Mortgage Broker

Financial Adviser

Business Banking Manager

Channel Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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