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Referral Compensation Agreement Template for England and Wales

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Key Requirements PROMPT example:

Referral Compensation Agreement

"I need a Referral Compensation Agreement for my fintech company to establish a referral program with independent financial advisors, offering 10% commission on successful referrals and including specific FCA compliance requirements."

Document background
A Referral Compensation Agreement is essential when businesses or individuals wish to formalize arrangements for referring customers or clients in exchange for compensation. This contract type, governed by English and Welsh law, is particularly vital in regulated industries where referral arrangements must be transparent and compliant. It provides clarity on payment terms, referral processes, and mutual obligations, helping prevent disputes and ensuring regulatory compliance. The agreement is commonly used in various sectors, from financial services to professional services, where client referrals form part of business development strategies.
Suggested Sections

1. Parties: Identification and details of the referrer and recipient

2. Background: Context of the referral relationship and business purpose

3. Definitions: Key terms used throughout the agreement including 'Referral', 'Compensation', 'Referred Client'

4. Referral Process: Mechanics of how referrals will be made, tracked, and validated

5. Compensation Structure: Payment terms, calculation methods, timing, and conditions for payment

6. Obligations of the Referrer: Duties and responsibilities of the party making referrals

7. Obligations of the Recipient: Duties and responsibilities of the party receiving referrals

8. Term and Termination: Duration of the agreement and circumstances for termination

9. Confidentiality: Protection of confidential information shared during the referral process

10. General Provisions: Standard boilerplate clauses including governing law, notices, and amendments

Optional Sections

1. Regulatory Compliance: Specific obligations related to regulatory requirements, particularly relevant for financial services

2. Non-Solicitation: Restrictions on direct approaches to referred clients

3. Territory Restrictions: Geographical limitations on referral activities

4. Data Protection: Specific provisions for handling personal data in accordance with UK GDPR

5. Service Levels: Performance standards and metrics for handling referrals

Suggested Schedules

1. Schedule 1 - Compensation Calculator: Detailed formula and examples for calculating referral fees

2. Schedule 2 - Referral Process Flowchart: Visual representation of the referral mechanism and workflow

3. Schedule 3 - Compliance Requirements: Detailed regulatory obligations and compliance procedures

4. Schedule 4 - Reporting Templates: Standard forms for tracking and reporting referrals

5. Schedule 5 - Approved Marketing Materials: Pre-approved content and format for referral marketing

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 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
Relevant Teams
Relevant Roles
Industries

Common Law of Contract: Fundamental principles of contract law in England and Wales, including offer, acceptance, consideration, and intention to create legal relations

Law of Property (Miscellaneous Provisions) Act 1989: Governs formalities for creating certain types of contracts, particularly those relating to land and property

Contracts (Rights of Third Parties) Act 1999: Regulates how third parties may enforce terms of a contract made between other parties

Financial Services and Markets Act 2000: Primary legislation for financial services regulation in the UK, including rules about referral arrangements in financial services

FCA Handbook: Detailed regulatory requirements for financial services firms, including specific rules about referral arrangements and commission payments

Payment Services Regulations 2017: Regulations governing payment services and payment service providers in the UK

UK General Data Protection Regulation: Post-Brexit data protection legislation governing how personal data must be handled and processed

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

Privacy and Electronic Communications Regulations: Specific rules about electronic communications, marketing, and data privacy

Employment Rights Act 1996: Framework of employment rights, relevant if referral arrangement could create employment relationships

IR35 Legislation: Tax legislation concerning off-payroll working rules and contractor arrangements

Agency Workers Regulations 2010: Regulations protecting rights of agency workers, potentially relevant for certain referral structures

Bribery Act 2010: Anti-corruption legislation governing improper payments and inducements

Proceeds of Crime Act 2002: Legislation dealing with money laundering and proceeds of criminal conduct

Competition Act 1998: Prohibits anti-competitive agreements and abuse of dominant market position

Enterprise Act 2002: Framework for merger control and market investigations

Consumer Rights Act 2015: Primary consumer protection legislation, relevant if referral scheme involves consumers

Consumer Protection from Unfair Trading Regulations 2008: Prohibits unfair commercial practices towards consumers

Value Added Tax Act 1994: Legislation governing VAT obligations on payments and services

Income Tax regulations: Rules governing taxation of income, including referral payments and commissions

Corporation Tax regulations: Rules governing taxation of corporate entities involved in referral arrangements

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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