The Commercial Loan Broker Agreement serves as the foundational document for establishing a professional relationship between a loan broker and a business client seeking financing solutions. This agreement, governed by English and Welsh law, is essential when businesses require expert assistance in securing commercial loans, defining the scope of services, compensation structure, and respective obligations. The document ensures compliance with UK financial regulations, including FCA requirements, while protecting both parties' interests through clear terms and conditions.
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1. Parties: Identification of the broker and the client
2. Background: Context of the agreement and broker's role
3. Definitions: Key terms used throughout the agreement including regulated activities terminology
4. Scope of Services: Detailed description of broker's services and extent of authority
5. Fees and Commission: Payment terms, commission structure, and timing of payments
6. Obligations of the Broker: Broker's duties, regulatory compliance requirements, and service standards
7. Client's Obligations: Client's responsibilities including information provision and cooperation
8. Term and Termination: Duration of agreement and circumstances for termination
9. Confidentiality: Protection of confidential information and data protection compliance
10. Representations and Warranties: Key assurances from both parties including regulatory status
11. Liability and Indemnification: Limitations of liability and indemnification provisions
12. General Provisions: Standard boilerplate clauses including governing law and jurisdiction
1. Exclusivity: Terms regarding exclusive rights of the broker to represent the client
2. Success Fee Structure: Detailed terms for performance-based compensation and success fees
3. Sub-broking Arrangements: Terms governing the involvement of other brokers or intermediaries
4. Non-Circumvention: Provisions preventing direct dealings between client and introduced lenders
5. Anti-Money Laundering Compliance: Specific AML obligations and procedures
1. Schedule 1 - Services: Detailed breakdown of broker services and deliverables
2. Schedule 2 - Fee Schedule: Comprehensive fee structure, commission rates, and payment terms
3. Schedule 3 - Required Information: List of documentation and information required from the client
4. Schedule 4 - Service Level Agreement: Specific performance metrics and service standards
5. Schedule 5 - Compliance Requirements: Regulatory compliance procedures and requirements
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