Consultant Referral Agreement

Consultant Referral Agreement Template for England and Wales

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Key Requirements PROMPT example:

"I need a Consultant Referral Agreement for my tech consulting firm based in London, where we'll be paying a 15% commission to independent IT consultants who refer new clients to us, starting from March 2025."

Document background

The Consultant Referral Agreement is essential for businesses operating in England and Wales that wish to formalize their referral relationships with consultants or other service providers. This document is particularly valuable when establishing clear frameworks for commission-based referral systems, ensuring compliance with UK regulations, and protecting both parties' interests. The agreement typically includes detailed provisions on referral processes, compensation structures, confidentiality obligations, and data protection requirements, while ensuring alignment with UK employment and tax regulations, particularly IR35 considerations.

Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context and purpose of the referral arrangement

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Details of referral services and obligations

5. Referral Process: Procedure for making and accepting referrals

6. Fees and Payment Terms: Compensation structure and payment procedures

7. Term and Termination: Duration and termination provisions

8. Confidentiality: Protection of confidential information

Optional Sections

1. Non-Competition: Restrictions on competitive activities - use when protecting business interests from competition is crucial

2. Intellectual Property: IP ownership and usage rights - use when IP is created or shared during the referral process

3. Insurance: Insurance requirements - use when specific insurance coverage is needed

4. Data Protection: GDPR compliance provisions - use when personal data is processed

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of referral services

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees and commission structure

3. Schedule 3 - Referral Process: Step-by-step referral procedure

4. Appendix A - Referral Form Template: Standard form for making referrals

Authors

Alex Denne

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Relevant Teams

Relevant Roles

Industries

Contract Law: Common law principles governing formation and enforcement of contracts in England and Wales

Companies Act 2006: Primary legislation governing company operations and corporate relationships when parties are registered companies

Partnership Act 1890: Legislation governing partnership arrangements and business structures if relevant to the consulting relationship

Employment Rights Act 1996: Legislation defining employment rights and helping distinguish between employment and self-employment status

IR35 Legislation: Tax legislation affecting consultants and contractors, determining tax status and obligations

Agency Workers Regulations 2010: Regulations protecting agency workers and potentially affecting consultant relationships

UK GDPR: Data protection legislation governing the processing of personal data in the UK post-Brexit

Data Protection Act 2018: UK's implementation of data protection standards, working alongside UK GDPR

Privacy and Electronic Communications Regulations: Regulations governing electronic communications and marketing activities

Late Payment of Commercial Debts (Interest) Act 1998: Legislation governing late payment penalties and interest in commercial transactions

Financial Services and Markets Act 2000: Regulation of financial services and markets, relevant if consulting involves financial services

Bribery Act 2010: Anti-corruption legislation affecting business relationships and referral arrangements

Proceeds of Crime Act 2002: Legislation preventing money laundering and handling proceeds of crime

Competition Act 1998: Legislation preventing anti-competitive practices in business relationships

Enterprise Act 2002: Legislation governing fair trading and enterprise regulation

Trade Marks Act 1994: Protection of trademarks and branding in consulting relationships

Consumer Rights Act 2015: Protection of consumer rights if consulting services involve end consumers

Consumer Protection from Unfair Trading Regulations 2008: Regulations protecting consumers from unfair business practices

Alternative Dispute Resolution for Consumer Disputes Regulations 2015: Regulations governing alternative dispute resolution procedures for consumer disputes

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Authors

Alex Denne

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