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Loan Broker Commission Agreement for India

Loan Broker Commission Agreement Template for India

This agreement governs the relationship between financial institutions and loan brokers in India, establishing the terms and conditions for broker commission arrangements in loan facilitation services. It complies with Indian banking regulations, including RBI guidelines and the Banking Regulation Act, while detailing commission structures, payment terms, compliance requirements, and operational procedures. The document addresses key aspects such as broker obligations, lender responsibilities, regulatory compliance, and dispute resolution mechanisms, all within the framework of Indian financial services law.

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Loan Broker Commission Agreement

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What is a Loan Broker Commission Agreement?

The Loan Broker Commission Agreement is essential for financial institutions operating in India that engage external brokers to source and facilitate loan arrangements. This document becomes necessary when a lending institution wishes to formalize its relationship with loan brokers, ensuring compliance with Indian banking regulations while protecting both parties' interests. It typically includes detailed commission structures, compliance requirements under RBI guidelines, broker obligations, service standards, and risk management provisions. The agreement is particularly relevant in the current Indian financial landscape where intermediaries play a crucial role in loan origination and requires careful consideration of various regulatory requirements including KYC norms, anti-money laundering provisions, and consumer protection guidelines.

What sections should be included in a Loan Broker Commission Agreement?

1. Parties: Identification of the lending institution and the broker, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement, including the broker's role in facilitating loans and the lender's desire to engage their services

3. Definitions: Key terms used throughout the agreement, including 'Successful Referral', 'Commission', 'Loan Products', 'Borrower', etc.

4. Appointment and Scope: Formal appointment of broker, territory designation, and scope of authorized activities

5. Broker's Obligations: Detailed responsibilities including client screening, documentation collection, regulatory compliance, and service standards

6. Lender's Obligations: Responsibilities of the lender including processing applications, providing product information, and training support

7. Commission Structure: Detailed explanation of commission calculations, payment terms, and conditions for commission eligibility

8. Compliance Requirements: Regulatory compliance obligations, including KYC requirements, anti-money laundering provisions, and disclosure requirements

9. Representations and Warranties: Standard representations from both parties regarding authority, licensing, and compliance

10. Confidentiality: Protection of confidential information and client data

11. Term and Termination: Duration of agreement and circumstances under which it can be terminated

12. Post-Termination Obligations: Obligations that survive termination, including commission payments for pipeline cases

13. Dispute Resolution: Process for resolving disputes, including jurisdiction and governing law

14. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment restrictions

What sections are optional to include in a Loan Broker Commission Agreement?

1. Digital Services: Include when broker will use digital platforms or online tools for loan processing

2. Training and Support: Include when lender provides extensive training programs or support systems

3. Marketing Guidelines: Include when broker is authorized to market lender's products

4. Performance Targets: Include when agreement includes minimum performance requirements or bonus structures

5. Sub-broker Arrangements: Include when broker is permitted to work with sub-brokers

6. Insurance Requirements: Include when specific insurance coverage is required for the broker

7. Data Protection: Include detailed section when extensive personal data processing is involved

What schedules should be included in a Loan Broker Commission Agreement?

1. Schedule 1 - Commission Rates: Detailed breakdown of commission rates for different loan products and amounts

2. Schedule 2 - Loan Products: List and description of loan products the broker is authorized to promote

3. Schedule 3 - Documentation Requirements: Checklist of required documents for different loan types

4. Schedule 4 - Compliance Procedures: Detailed compliance procedures and checklists

5. Schedule 5 - Service Level Standards: Performance metrics and service level requirements

6. Appendix A - Reporting Templates: Standard formats for periodic reporting and commission calculations

7. Appendix B - Marketing Guidelines: Approved marketing materials and usage guidelines

Authors

Alex Denne

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

Jurisdiction

India

Publisher

Ƶ

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions


































Clauses



































Relevant Industries

Banking

Financial Services

Real Estate

Mortgage Services

Insurance

FinTech

Commercial Lending

Retail Banking

Corporate Finance

Microfinance

Relevant Teams

Legal

Compliance

Risk Management

Business Development

Operations

Finance

Credit Assessment

Broker Relations

Commercial Banking

Product Development

Channel Partnerships

Relevant Roles

Lending Manager

Compliance Officer

Legal Counsel

Business Development Manager

Relationship Manager

Credit Manager

Financial Services Director

Broker Relations Manager

Risk Manager

Operations Manager

Channel Partnership Manager

Chief Financial Officer

Commercial Banking Officer

Mortgage Specialist

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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