Broker Referral Agreement Template for Australia

The Broker Referral Agreement is essential for businesses operating in Australia's regulated financial services sector who wish to establish formal referral arrangements. This document is particularly relevant when parties need to comply with Australian financial services regulations while maintaining commercial referral relationships. The agreement covers crucial aspects such as licensing requirements, consumer protection obligations, privacy compliance, and fair trading practices. It is designed to protect both parties while ensuring compliance with regulatory requirements, including ASIC guidelines and the Corporations Act 2001. The agreement typically includes detailed fee structures, service levels, and compliance procedures, making it suitable for various financial services and professional services arrangements where formal referral relationships need to be documented.

1. Parties: Identification of the referring party and the broker, including ACN/ABN and registered addresses

2. Background: Context of the agreement, brief description of each party's business, and purpose of the referral arrangement

3. Definitions and Interpretation: Key terms used throughout the agreement, including 'Referred Client', 'Services', 'Referral Fee', and interpretation clauses

4. Appointment and Scope: Terms of broker appointment, territory/scope of referral arrangement, and any exclusivity provisions

5. Referral Process: Detailed process for making and accepting referrals, including documentation requirements

6. Obligations of Referring Party: Responsibilities in referring clients, disclosure requirements, and compliance obligations

7. Obligations of Broker: Service standards, licensing compliance, and client handling requirements

8. Fees and Payment Terms: Referral fee structure, calculation method, payment timing, and invoicing requirements

9. Compliance and Licensing: Regulatory compliance obligations, maintaining licenses, and professional standards

10. Confidentiality: Protection of confidential information and client data

11. Privacy and Data Protection: Handling of personal information and compliance with Privacy Act

12. Term and Termination: Duration of agreement, renewal provisions, and termination rights

13. Post-Termination Obligations: Obligations surviving termination, including ongoing confidentiality and client protection

14. General Provisions: Standard boilerplate clauses including notices, governing law, and dispute resolution