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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."
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
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
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
Financial Services
Banking
Mortgage Broking
Real Estate
Property Development
Asset Finance
Commercial Lending
Consumer Finance
Professional Services
Insurance
Wealth Management
Automotive Finance
Equipment Finance
Legal
Compliance
Business Development
Sales
Partnerships
Risk Management
Operations
Finance
Credit Assessment
Commercial Lending
Retail Banking
Business Banking
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
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