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Referral Agreement Template for Singapore

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Key Requirements PROMPT example:

Referral Agreement

I need a referral agreement that outlines the terms for referring clients to our services, including a clear commission structure, confidentiality clauses, and a duration of 12 months. The agreement should also specify the process for tracking referrals and handling disputes.

What is a Referral Agreement?

A Referral Agreement sets out the terms when one party (the referrer) introduces potential clients or business opportunities to another party in exchange for compensation. In Singapore, these contracts are common in real estate, financial services, and professional consulting, where referral fees must comply with industry regulations like the Real Estate Agents Act.

The agreement spells out key details like payment structures, confidentiality rules, and referral tracking methods. It protects both parties by clarifying their obligations and limits liability. For regulated industries in Singapore, the agreement must include specific disclosures and follow rules about fee-sharing arrangements, especially in sectors overseen by MAS or CEA.

When should you use a Referral Agreement?

Use a Referral Agreement when your business plans to reward partners for bringing in new clients or opportunities. This is especially crucial in Singapore's regulated industries like financial services, real estate, and professional consulting, where referral relationships need clear documentation to comply with MAS and industry guidelines.

It's essential to put this agreement in place before any referrals start flowing. Getting the terms right upfront helps prevent payment disputes, clarifies performance expectations, and ensures compliance with Singapore's fee-sharing regulations. Many businesses implement these agreements when expanding their network through strategic partnerships or launching formal referral programs.

What are the different types of Referral Agreement?

Who should typically use a Referral Agreement?

  • Business Owners & Entrepreneurs: Set up and manage referral programs to expand their client base through strategic partnerships
  • Real Estate Agents: Create compliant fee-sharing arrangements under CEA guidelines when collaborating with other agents
  • Financial Advisors: Establish MAS-compliant referral networks for wealth management and insurance products
  • Professional Services Firms: Document client referral arrangements with other professionals like lawyers, accountants, or consultants
  • Legal Counsel: Draft and review agreements to ensure compliance with Singapore's regulatory requirements
  • Compliance Officers: Monitor referral arrangements to maintain adherence to industry regulations and internal policies

How do you write a Referral Agreement?

  • Basic Details: Gather full legal names, registration numbers, and contact information for all parties involved
  • Referral Terms: Define exactly what constitutes a valid referral and how they will be tracked
  • Compensation Structure: Specify payment amounts, percentages, and conditions for earning referral fees
  • Industry Requirements: Check MAS or CEA guidelines if operating in regulated sectors like finance or real estate
  • Performance Metrics: Outline any minimum referral targets or quality standards expected
  • Duration & Termination: Decide on agreement length and conditions for ending the relationship
  • Confidentiality Terms: Define how shared client information will be protected and used

What should be included in a Referral Agreement?

  • Party Details: Full legal names, addresses, and registration numbers of referrer and recipient
  • Scope Definition: Clear description of what constitutes a qualified referral and acceptance criteria
  • Compensation Terms: Detailed fee structure, payment timing, and conditions for payment
  • Confidentiality Clause: Rules for handling client information and trade secrets
  • Non-Solicitation: Restrictions on directly approaching referred clients
  • Term and Termination: Agreement duration and conditions for ending the relationship
  • Governing Law: Explicit statement that Singapore law applies
  • Dispute Resolution: Preferred method for resolving disagreements under Singapore jurisdiction

What's the difference between a Referral Agreement and an Agency Agreement?

A Referral Agreement differs significantly from an Agency Agreement in several key aspects, though both involve business relationships and client interactions. While they may seem similar at first glance, their legal implications and operational scope are quite distinct under Singapore law.

  • Relationship Structure: Referral Agreements create a limited arrangement for introducing clients, while Agency Agreements establish a broader authority to act on behalf of the principal
  • Legal Authority: Referrers can't bind the business to contracts or negotiate terms, whereas agents often have this power
  • Compensation Model: Referral fees are typically one-time payments for successful introductions, while agency relationships usually involve ongoing commissions or retainers
  • Liability Scope: Referrers bear minimal liability beyond the introduction, but agents have fiduciary duties and broader responsibilities
  • Regulatory Oversight: Agency relationships face stricter regulatory scrutiny in Singapore, especially in regulated industries like insurance and real estate

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