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Mortgage Broker Referral Fee Agreement Template for New Zealand

This document establishes a formal referral fee arrangement between a licensed mortgage broker and a referring party in New Zealand, governed by New Zealand law. It outlines the terms and conditions for client referrals, fee structures, payment terms, and compliance requirements under New Zealand's financial services regulations, including the Financial Services Legislation Amendment Act 2019. The agreement includes provisions for regulatory compliance, confidentiality, data protection, and specific procedures for making and managing referrals while ensuring adherence to New Zealand's consumer protection and financial services laws.

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What is a Mortgage Broker Referral Fee Agreement?

The Mortgage Broker Referral Fee Agreement is essential for formalizing referral relationships in New Zealand's mortgage broking industry. This document is used when a licensed mortgage broker wishes to establish a compliant referral arrangement with other professionals or businesses who may refer potential mortgage clients. It ensures compliance with New Zealand's financial services regulations, including the Financial Services Legislation Amendment Act 2019, Credit Contracts and Consumer Finance Act 2003, and related legislation. The agreement covers crucial aspects such as referral processes, fee calculations, payment terms, regulatory compliance requirements, privacy obligations, and professional conduct standards. It's particularly important in the current regulatory environment where transparency and proper documentation of referral arrangements are mandatory.

What sections should be included in a Mortgage Broker Referral Fee Agreement?

1. Parties: Identifies the mortgage broker and referrer, including their legal names, addresses, and any relevant license numbers

2. Background: Outlines the context of the agreement, including the broker's business, the referrer's role, and the purpose of the arrangement

3. Definitions: Defines key terms used throughout the agreement, including 'Referral', 'Successful Referral', 'Referral Fee', and 'Confidential Information'

4. Appointment and Scope: Establishes the non-exclusive nature of the referral relationship and defines the authorized activities

5. Referral Process: Details the procedure for making referrals, including required information and documentation

6. Referral Fee Structure: Specifies the fee calculation method, payment terms, and conditions for fee eligibility

7. Compliance Obligations: Outlines regulatory compliance requirements, including financial adviser legislation and AML/CFT obligations

8. Representations and Warranties: Contains mutual assurances regarding authority, compliance, and capacity to enter the agreement

9. Confidentiality: Addresses the handling of confidential information and privacy requirements

10. Term and Termination: Specifies the agreement duration and grounds for termination

11. General Provisions: Includes standard clauses such as notices, amendments, governing law, and dispute resolution

What sections are optional to include in a Mortgage Broker Referral Fee Agreement?

1. Marketing and Promotion: Optional section for agreements where the referrer will actively promote the broker's services, including approved marketing materials and practices

2. Training Requirements: Required when the referrer needs specific training to understand products or compliance requirements

3. Performance Targets: Optional section setting minimum referral volumes or quality standards, useful for commercial arrangements

4. Professional Indemnity Insurance: Required when either party needs to maintain specific insurance coverage

5. Data Protection: Detailed section needed when extensive personal data handling is involved

6. Non-Compete Provisions: Optional restrictions on working with competing brokers, if commercially required

7. Dispute Resolution Process: Detailed alternative dispute resolution procedures, recommended for high-value arrangements

What schedules should be included in a Mortgage Broker Referral Fee Agreement?

1. Schedule 1 - Fee Schedule: Detailed breakdown of referral fee calculations, including any tiered structures or bonus arrangements

2. Schedule 2 - Referral Process Workflow: Step-by-step process for making and managing referrals

3. Schedule 3 - Required Information Form: Template form for collecting necessary client information for referrals

4. Schedule 4 - Compliance Checklist: Checklist of regulatory requirements and compliance procedures

5. Appendix A - Privacy Policy: Detailed privacy procedures and data handling requirements

6. Appendix B - Marketing Guidelines: Guidelines for any approved marketing or promotional activities

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

Jurisdiction

New Zealand

Document Type

Broker Agreement

Cost

Free to use

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