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Loan Broker Commission Agreement for the United Kingdom

Loan Broker Commission Agreement Template for United States

A legal agreement governed by U.S. federal and state laws that establishes the terms and conditions under which a loan broker will source and arrange loans for a financial institution, including commission structures, compliance requirements, and service obligations. The document addresses federal regulations such as TILA and RESPA, while incorporating state-specific licensing and usury law requirements.

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Loan Broker Commission Agreement

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What is a Loan Broker Commission Agreement?

The Loan Broker Commission Agreement is essential for establishing clear financial and operational relationships between loan brokers and lending institutions in the United States. This document outlines commission structures, performance expectations, compliance requirements, and service obligations while ensuring adherence to federal regulations like TILA and RESPA, as well as state-specific licensing requirements. It's particularly crucial in protecting both parties' interests while maintaining regulatory compliance in the complex U.S. lending environment.

What sections should be included in a Loan Broker Commission Agreement?

1. Parties: Identification of the broker and the lender/financial institution

2. Background: Context of the agreement and broker's role in facilitating loan arrangements

3. Definitions: Key terms used throughout the agreement including 'Commission', 'Loan', 'Borrower', etc.

4. Services: Detailed description of broker's services including loan sourcing, documentation, and client management

5. Commission Structure: Calculation and payment terms for commissions, including timing and conditions

6. Term and Termination: Duration of the agreement and conditions for termination by either party

7. Compliance Requirements: Regulatory compliance obligations including licensing and reporting requirements

8. Representations and Warranties: Standard representations about capacity, authority, and compliance with laws

9. Confidentiality: Protection of confidential information and trade secrets

10. Indemnification: Mutual indemnification provisions for breach of agreement or regulatory violations

What sections are optional to include in a Loan Broker Commission Agreement?

1. Non-Compete: Restrictions on working with competitors during and after the agreement term

2. Territory Rights: Geographic limitations on broker's activities and exclusive territories if applicable

3. Training Requirements: Mandatory training programs and ongoing education requirements

4. Marketing Guidelines: Rules for advertising and promoting the lender's products

5. Performance Metrics: Specific targets and performance evaluation criteria

What schedules should be included in a Loan Broker Commission Agreement?

1. Schedule A - Commission Rate Card: Detailed breakdown of commission rates for different loan types and amounts

2. Schedule B - Compliance Checklist: List of regulatory requirements and compliance procedures

3. Schedule C - Required Licenses: List of mandatory licenses and certifications required

4. Schedule D - Reporting Templates: Standard forms for activity reporting and commission calculations

5. Schedule E - Approved Marketing Materials: Templates and guidelines for marketing communications

Authors

Alex Denne

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

Jurisdiction

United States

Document Type

Broker Agreement

Cost

Free to use
Clauses






























Industries

Truth in Lending Act (TILA): Federal law requiring transparent disclosure of credit terms and standardizing how costs associated with borrowing are calculated and disclosed

Real Estate Settlement Procedures Act (RESPA): Federal law governing real estate loan transactions, requiring specific disclosures about real estate settlement services and prohibiting kickbacks

SAFE Act: Federal law establishing minimum standards for state licensing and registration of mortgage loan originators

Equal Credit Opportunity Act (ECOA): Federal law prohibiting discrimination in lending based on race, color, religion, national origin, sex, marital status, age, or public assistance program participation

Fair Credit Reporting Act (FCRA): Federal law regulating the collection, dissemination, and use of consumer credit information

CFPB Regulations: Federal regulatory framework overseeing consumer financial products and services, including loan brokering activities

State Licensing Requirements: State-specific regulations governing the licensing and operation of mortgage brokers within each jurisdiction

State Usury Laws: State-specific limitations on interest rates and loan charges that can be assessed on loans

State Disclosure Requirements: State-specific rules regarding mandatory disclosures in loan transactions and broker agreements

NMLS Requirements: National Mortgage Licensing System standards and requirements for mortgage broker registration and compliance

Independent Contractor Classification: Federal and state laws governing the classification and treatment of independent contractors versus employees

Securities Regulations: SEC and state-specific regulations applicable when dealing with securities-backed loans

Bank Secrecy Act: Federal law requiring financial institutions to assist government agencies in detecting and preventing money laundering

USA PATRIOT Act: Federal law including provisions for preventing, detecting, and prosecuting international money laundering and financing of terrorism

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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