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Loan Broker Agreement Template for South Africa

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Key Requirements PROMPT example:

Loan Broker Agreement

"I need a standard Loan Broker Agreement compliant with South African law, suitable for a financial services company acting as a broker for commercial property loans, with strict regulatory compliance clauses and standard commission structures."

Document background
The Loan Broker Agreement is essential for establishing a formal relationship between licensed loan brokers and their clients in South Africa. This document is typically used when a client requires professional assistance in securing financing or loans, ensuring compliance with South African financial services regulations, particularly the National Credit Act and FAIS Act. The agreement covers crucial aspects such as service scope, compensation structures, regulatory compliance requirements, and risk allocation. It includes specific provisions for South African financial services licensing, consumer protection, and anti-money laundering compliance. The document is designed to protect both parties' interests while ensuring transparency and regulatory compliance in loan broking services.
Suggested Sections

1. Parties: Identification of the loan broker and the client, including registration numbers and licensed status

2. Background: Context of the agreement, purpose of the loan broking services, and regulatory framework

3. Definitions and Interpretation: Key terms used in the agreement, including regulatory terms from NCA and FAIS Act

4. Appointment and Scope: Formal appointment of broker and detailed description of authorized services

5. Duration: Term of the agreement, renewal provisions, and termination conditions

6. Broker's Obligations: Core duties, compliance requirements, and service standards

7. Client's Obligations: Information provision, cooperation requirements, and payment obligations

8. Fees and Commission: Compensation structure, payment terms, and disclosure requirements

9. Compliance and Licensing: Regulatory compliance obligations, maintaining licenses, and reporting requirements

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

11. Representations and Warranties: Key promises and assertions by both parties

12. Limitation of Liability: Scope of broker's liability and indemnification provisions

13. Termination: Grounds for termination, notice requirements, and post-termination obligations

14. General Provisions: Standard boilerplate clauses including notices, governing law, and dispute resolution

Optional Sections

1. White Label Services: Used when broker provides services under client's branding

2. Marketing and Referrals: Include when agreement covers marketing activities and referral arrangements

3. Sub-brokers: Required when broker may appoint sub-brokers or agents

4. Information Technology: Include when specific software or platforms are used in service delivery

5. Training and Support: Add when broker provides training to client's staff

6. Performance Targets: Include when agreement includes specific performance metrics or KPIs

7. Non-Competition: Add when parties agree to territorial or customer restrictions

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of loan broking services and products covered

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, commissions, and payment structure

3. Schedule 3 - Compliance Requirements: Specific regulatory requirements and compliance procedures

4. Schedule 4 - Required Information: List of required documentation and information from clients

5. Schedule 5 - Service Levels: Detailed service standards and response times

6. Appendix A - Standard Forms: Templates for loan applications and other standard documentation

7. Appendix B - Privacy Policy: Detailed privacy and data protection procedures

Authors

Alex Denne

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

Relevant legal definitions
































Clauses






























Relevant Industries

Financial Services

Banking

Real Estate

Mortgage Services

Commercial Lending

Asset Finance

Insurance

Property Development

Business Services

Investment Services

Relevant Teams

Legal

Compliance

Finance

Risk Management

Operations

Commercial

Business Development

Credit Administration

Regulatory Affairs

Contract Management

Relevant Roles

Financial Services Manager

Compliance Officer

Legal Counsel

Risk Manager

Credit Manager

Business Development Manager

Operations Manager

Commercial Director

Finance Director

Managing Director

Loan Officer

Relationship Manager

Contract Administrator

Chief Financial Officer

Chief Risk Officer

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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