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Commercial Loan Broker Agreement Template for England and Wales

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Key Requirements PROMPT example:

Commercial Loan Broker Agreement

"I need a Commercial Loan Broker Agreement for my fintech company acting as a broker, with specific provisions for online loan matching services and a success-fee structure based on loan value tiers. The agreement should include robust data protection clauses as we'll be handling sensitive financial information."

Document background
The Commercial Loan Broker Agreement serves as the foundational document for establishing a professional relationship between a loan broker and a business client seeking financing solutions. This agreement, governed by English and Welsh law, is essential when businesses require expert assistance in securing commercial loans, defining the scope of services, compensation structure, and respective obligations. The document ensures compliance with UK financial regulations, including FCA requirements, while protecting both parties' interests through clear terms and conditions.
Suggested Sections

1. Parties: Identification of the broker and the client

2. Background: Context of the agreement and broker's role

3. Definitions: Key terms used throughout the agreement including regulated activities terminology

4. Scope of Services: Detailed description of broker's services and extent of authority

5. Fees and Commission: Payment terms, commission structure, and timing of payments

6. Obligations of the Broker: Broker's duties, regulatory compliance requirements, and service standards

7. Client's Obligations: Client's responsibilities including information provision and cooperation

8. Term and Termination: Duration of agreement and circumstances for termination

9. Confidentiality: Protection of confidential information and data protection compliance

10. Representations and Warranties: Key assurances from both parties including regulatory status

11. Liability and Indemnification: Limitations of liability and indemnification provisions

12. General Provisions: Standard boilerplate clauses including governing law and jurisdiction

Optional Sections

1. Exclusivity: Terms regarding exclusive rights of the broker to represent the client

2. Success Fee Structure: Detailed terms for performance-based compensation and success fees

3. Sub-broking Arrangements: Terms governing the involvement of other brokers or intermediaries

4. Non-Circumvention: Provisions preventing direct dealings between client and introduced lenders

5. Anti-Money Laundering Compliance: Specific AML obligations and procedures

Suggested Schedules

1. Schedule 1 - Services: Detailed breakdown of broker services and deliverables

2. Schedule 2 - Fee Schedule: Comprehensive fee structure, commission rates, and payment terms

3. Schedule 3 - Required Information: List of documentation and information required from the client

4. Schedule 4 - Service Level Agreement: Specific performance metrics and service standards

5. Schedule 5 - Compliance Requirements: Regulatory compliance procedures and requirements

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



























Industries

Financial Services and Markets Act 2000 (FSMA): Primary legislation establishing the regulatory framework for financial services in the UK, determining FCA authorization requirements and setting out regulations for regulated activities

FSMA (Regulated Activities) Order 2001: Defines credit broking activities and specifies which activities require FCA authorization in the context of loan brokerage

Consumer Credit Act 1974: Provides protection for sole traders and requirements for credit brokerage, relevant even in commercial lending contexts

FCA Handbook: Contains specific sourcebooks including CONC (Consumer Credit), PRIN (Principles for Businesses), and systems and controls requirements for brokers

Data Protection Act 2018 and UK GDPR: Governs the handling of personal and business data, including privacy requirements and data processing obligations

Money Laundering Regulations 2017: Sets out due diligence requirements, record keeping obligations, and reporting requirements for financial service providers

Contracts (Rights of Third Parties) Act 1999: Governs third-party rights in contracts and related exclusion clauses

The Bribery Act 2010: Establishes anti-bribery provisions and corporate hospitality considerations for business relationships

Financial Services (Distance Marketing) Regulations 2004: Regulates the provision of financial services provided remotely or through digital channels

Common Law Principles: Encompasses fundamental legal principles including contract formation, misrepresentation, breach of contract remedies, and fiduciary duties

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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