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Loan Referral Agreement Template for United States

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Key Requirements PROMPT example:

Loan Referral Agreement

"I need a Loan Referral Agreement for my fintech startup to establish referral relationships with multiple regional banks in California, with an emphasis on consumer protection compliance and a tiered commission structure based on loan size."

Document background
The Loan Referral Agreement is essential when establishing formal referral relationships in the lending industry. This document is commonly used in the United States where strict regulatory compliance is required for financial services referrals. The agreement outlines the specific terms of referral arrangements, including compensation structures, compliance requirements, and service expectations. It's particularly important given the regulatory framework established by federal laws like RESPA and TILA, as well as state-specific lending regulations. The agreement helps protect both parties while ensuring transparency and regulatory compliance in referral relationships.
Suggested Sections

1. Parties: Identifies the referrer and the lender, including full legal names and addresses

2. Background: Explains the context of the agreement and the parties' intentions

3. Definitions: Defines key terms used throughout the agreement, including 'Qualified Lead', 'Referral Fee', etc.

4. Scope of Services: Details the referral services to be provided and any qualification criteria for leads

5. Compensation: Specifies referral fees, payment terms, and calculation methods

6. Compliance Requirements: Outlines regulatory compliance obligations and required disclosures

7. Term and Termination: Duration of agreement and termination provisions

8. Confidentiality: Protection of confidential information and trade secrets

Optional Sections

1. Marketing Guidelines: Rules for marketing and promotional activities when referrer will conduct marketing activities

2. Territory Restrictions: Geographic limitations on referral activities when referrals are limited to specific regions

3. Non-Compete: Restrictions on working with competitors when exclusivity is required

4. Training Requirements: Required training for referrer's personnel when specific expertise is needed for referrals

Suggested Schedules

1. Fee Schedule: Detailed breakdown of referral fees and commission structures

2. Compliance Procedures: Step-by-step compliance requirements and checklists

3. Required Disclosures: Templates for mandatory consumer disclosures

4. Lead Qualification Criteria: Detailed criteria for qualified leads

5. Marketing Materials: Approved marketing templates and guidelines

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

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Industries

RESPA: Real Estate Settlement Procedures Act - Governs real estate transactions and prohibits kickbacks and referral fees in mortgage business

TILA: Truth in Lending Act - Requires clear disclosure of lending terms and costs to protect consumers in credit transactions

ECOA: Equal Credit Opportunity Act - Prohibits discrimination in credit transactions based on race, color, religion, national origin, sex, marital status, age, or public assistance status

FCRA: Fair Credit Reporting Act - Regulates the collection, dissemination, and use of consumer credit information

Dodd-Frank Act: Comprehensive financial reform legislation that established the CFPB and introduced new financial regulations and consumer protections

BSA: Bank Secrecy Act - Requires financial institutions to assist government agencies in detecting and preventing money laundering

Gramm-Leach-Bliley Act: Requires financial institutions to explain their information-sharing practices and protect sensitive data

State Licensing Requirements: Various state-specific requirements for loan originators and referral agents to obtain and maintain appropriate licenses

State Usury Laws: State-specific limitations on interest rates and loan terms that can be charged on various types of loans

CFPB Regulations: Consumer Financial Protection Bureau's rules and requirements for consumer lending and referral practices

FTC Guidelines: Federal Trade Commission's guidelines on fair business practices, advertising, and consumer protection in lending

Anti-Kickback Provisions: Legal restrictions on compensation for referrals to prevent illegal kickbacks and fee-splitting arrangements

Privacy Requirements: Federal and state requirements for protecting consumer data and maintaining confidentiality in financial transactions

Disclosure Requirements: Mandatory disclosures about relationships between referral parties, compensation, and consumer rights

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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