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Loan Referral Agreement
I need a Loan Referral Agreement for my Toronto-based fintech company to partner with mortgage brokers across Ontario, with an emphasis on digital referral processes and a tiered commission structure starting from March 2025.
1. Parties: Identifies the parties to the agreement - typically the referral partner and the lender
2. Background: Sets out the context of the agreement, including the lender's business and the referrer's ability to introduce potential borrowers
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Scope: Establishes the referrer's appointment and the scope of referral services
5. Referral Process: Details the process for making referrals and required information
6. Compliance Obligations: Sets out regulatory compliance requirements and obligations
7. Compensation: Details the referral fee structure and payment terms
8. Representations and Warranties: Standard representations from both parties regarding authority and compliance
9. Privacy and Confidentiality: Obligations regarding handling of personal information and confidential data
10. Term and Termination: Duration of the agreement and termination provisions
11. Indemnification: Mutual indemnification provisions for breaches and claims
12. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
1. Training and Support: Details of any training or support provided by the lender to the referrer
2. Non-Competition: Restrictions on the referrer's ability to refer to other lenders
3. Marketing and Branding: Guidelines for use of lender's branding and marketing materials
4. Audit Rights: Lender's right to audit referrer's compliance and records
5. Insurance Requirements: Specific insurance coverage required from the referrer
6. Service Levels: Performance metrics and service level requirements
7. Dispute Resolution: Specific procedures for resolving disputes
8. Anti-Money Laundering Compliance: Detailed AML obligations if referrer handles transaction processing
1. Schedule A - Referral Fee Structure: Detailed breakdown of referral fees and calculation methods
2. Schedule B - Referral Process and Requirements: Step-by-step process flow and required documentation
3. Schedule C - Compliance Requirements: Detailed regulatory compliance checklist and procedures
4. Schedule D - Privacy Policy: Detailed privacy requirements and data handling procedures
5. Schedule E - Approved Marketing Materials: List of approved marketing materials and usage guidelines
6. Appendix 1 - Referral Form Template: Standard form for submitting referrals
7. Appendix 2 - Report Templates: Templates for required periodic reporting
Authors
Financial Services
Banking
Mortgage Lending
Real Estate
Professional Services
Insurance
Wealth Management
Business Consulting
Financial Technology
Legal
Compliance
Business Development
Risk Management
Operations
Credit
Commercial Banking
Retail Banking
Partnership Management
Product Development
Chief Lending Officer
Business Development Manager
Compliance Officer
Legal Counsel
Partnership Manager
Relationship Manager
Risk Manager
Credit Manager
Financial Services Representative
Mortgage Specialist
Business Banking Manager
Operations Manager
Commercial Banking Officer
Chief Compliance Officer
Privacy Officer
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