The Commercial Loan Referral Fee Agreement is essential for businesses operating in the UK financial services sector who wish to formalize referral arrangements for commercial lending. This document, governed by English and Welsh law, is particularly important given the regulated nature of financial services in the UK and the need to comply with FCA requirements. It establishes clear parameters for fee payments, defines the scope of referral services, and ensures compliance with relevant financial services regulations, data protection laws, and anti-bribery provisions.
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1. Parties: Identification and details of the referrer and the lender
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms used throughout the agreement including regulatory definitions
4. Scope of Services: Details of referral services to be provided and regulatory permissions
5. Fee Structure: Referral fee calculations, payment terms, and compliance with regulatory requirements
6. Obligations of Parties: Responsibilities of both referrer and lender including regulatory compliance obligations
7. Term and Termination: Duration of the agreement and circumstances for termination
8. Confidentiality: Protection of confidential information and data protection obligations
9. Governing Law: Confirmation of English and Welsh law jurisdiction and regulatory framework
1. Non-Compete: Restrictions on working with competitors, used when exclusivity is required
2. White Labelling: Provisions for branded services, used when referrer will use lender's brand
3. Service Levels: Performance metrics and standards, typically included for high-volume referral arrangements
4. Anti-Bribery Compliance: Specific provisions ensuring compliance with Bribery Act 2010, used in higher-risk arrangements
1. Fee Schedule: Detailed breakdown of fee calculations and examples
2. Referral Process: Step-by-step procedure for making referrals including compliance checkpoints
3. Compliance Requirements: Regulatory compliance checklist and procedures including FCA requirements
4. Data Processing Terms: Detailed data protection and processing requirements under UK GDPR
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