The Loan Referral Agreement is essential for businesses operating within Malaysia's financial services sector who wish to establish formal referral relationships for loan products. This document is particularly relevant in the context of Malaysia's dual banking system, accommodating both conventional and Islamic financial products. It should be used when establishing a business relationship between a financial institution and any party that will refer potential borrowers, ensuring compliance with the Financial Services Act 2013, Personal Data Protection Act 2010, and other relevant Malaysian regulations. The agreement covers crucial aspects such as commission structures, compliance requirements, referral procedures, data protection protocols, and risk allocation. It's designed to protect both parties while maintaining regulatory compliance and operational efficiency in the Malaysian financial services marketplace.
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1. Parties: Identification of the referrer and the lender, including registration details and licensing information
2. Background: Context of the agreement, business relationship overview, and purpose of the referral arrangement
3. Definitions: Key terms used throughout the agreement, including regulatory terms specific to Malaysian financial services
4. Appointment and Scope: Terms of appointment, exclusivity/non-exclusivity, and territorial scope
5. Referrer Obligations: Duties of the referrer, including compliance requirements and service standards
6. Lender Obligations: Responsibilities of the lender in processing referrals and maintaining necessary licenses
7. Referral Process: Detailed procedures for making and accepting referrals
8. Commission Structure: Payment terms, calculation methods, and payment schedules
9. Compliance Requirements: Regulatory compliance obligations under Malaysian law, including FSA 2013 requirements
10. Representations and Warranties: Standard and specific warranties from both parties
11. Confidentiality and Data Protection: Obligations under PDPA 2010 and handling of confidential information
12. Term and Termination: Duration, renewal terms, and termination provisions
13. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Marketing and Branding: Guidelines for use of trademarks and marketing materials - include if referrer will conduct marketing activities
2. Training Requirements: Training obligations and standards - include if referrer staff need specific training
3. Non-Compete Provisions: Restrictions on competing activities - include if exclusivity is required
4. Performance Targets: Minimum referral requirements - include if specific targets are needed
5. Audit Rights: Rights to audit referrer's activities - include for high-volume or high-risk arrangements
6. Insurance Requirements: Specific insurance coverage obligations - include for high-value referrals
7. Dispute Resolution: Specific dispute resolution procedures - include if standard litigation process is not preferred
1. Commission Structure Schedule: Detailed breakdown of commission rates, tiers, and calculation methods
2. Referral Procedures Manual: Step-by-step guide for the referral process and documentation requirements
3. Compliance Checklist: List of regulatory requirements and compliance procedures
4. Approved Marketing Materials: Templates and guidelines for marketing communications
5. Data Protection Protocol: Detailed procedures for handling personal data in compliance with PDPA 2010
6. Service Level Agreement: Performance metrics and service standards
7. Required Forms and Templates: Standard forms for referral submission and processing
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