Mutual Referral Agreement Template for England and Wales

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Key Requirements PROMPT example:

Mutual Referral Agreement

"I need a Mutual Referral Agreement between my accounting firm and a law firm in London, with a focus on high-value client referrals and a tiered commission structure starting from March 2025."

Document background
A Mutual Referral Agreement is essential when businesses wish to formalize their cross-referral arrangements in England and Wales. This document is particularly valuable for companies looking to expand their client base through strategic partnerships. The agreement typically covers referral processes, fee structures, quality standards, and compliance requirements. It's designed to protect both parties' interests while ensuring transparency in client referrals. The document must comply with UK data protection laws, financial services regulations (where applicable), and professional conduct requirements.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context and purpose of the referral arrangement

3. Definitions: Key terms used throughout the agreement

4. Referral Process: Detailed procedure for making and accepting referrals

5. Fees and Payment: Referral fee structure and payment terms

6. Obligations of Parties: Responsibilities of each party in the referral relationship

7. Data Protection: Compliance with UK GDPR and Data Protection Act 2018

8. Confidentiality: Protection of confidential information shared between parties

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

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

Optional Sections

1. Non-Compete: Restrictions on competing activities, typically used when parties want to prevent direct competition

2. Service Levels: Performance standards for handling referrals, included when specific performance metrics are required

3. Marketing Guidelines: Rules for promoting the referral relationship, used when joint marketing is contemplated

4. Regulatory Compliance: Specific regulatory obligations, included when referrals involve regulated activities

5. Dispute Resolution: Specific procedures for resolving disputes, used when parties want alternative dispute resolution mechanisms

Suggested Schedules

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

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

3. Schedule 3 - Service Level Requirements: Detailed performance metrics and standards

4. Schedule 4 - Data Processing Terms: Specific terms for handling personal data in compliance with GDPR

5. Schedule 5 - Approved Marketing Materials: Templates and guidelines for marketing and promotional materials

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries

Data Protection and Privacy Legislation: UK General Data Protection Regulation (UK GDPR), Data Protection Act 2018, and Privacy and Electronic Communications Regulations (PECR) governing the handling and processing of personal data in referral arrangements

Competition Law: Competition Act 1998, Enterprise Act 2002, and retained EU competition law provisions that ensure referral arrangements do not create anti-competitive practices

Consumer Protection Legislation: Consumer Rights Act 2015 and Consumer Protection from Unfair Trading Regulations 2008, particularly relevant if referrals involve consumers

Financial Services Regulations: Financial Services and Markets Act 2000, FCA regulations, and Payment Services Regulations 2017 governing financial aspects of referral arrangements

Contract Law: Common law principles of contract and Contracts (Rights of Third Parties) Act 1999 forming the fundamental basis of the agreement

Anti-Bribery and Corruption Laws: Bribery Act 2010 and Proceeds of Crime Act 2002 ensuring referral arrangements do not constitute illegal incentives or corrupt practices

Professional Regulations: Sector-specific regulations and industry codes of conduct that may affect referral arrangements in particular industries

Electronic Commerce Regulations: Electronic Commerce (EC Directive) Regulations 2002 and Electronic Communications Act 2000 governing electronic aspects of referral arrangements

Anti-Money Laundering Regulations: Money Laundering Regulations 2017 and Terrorism Act 2000 ensuring referral arrangements do not facilitate money laundering or terrorist financing

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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