Loan Referral Agreement Template for Malaysia

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Key Requirements PROMPT example:

Loan Referral Agreement

"I need a Loan Referral Agreement for my property agency to refer potential mortgage customers to ABC Bank in Malaysia, with a tiered commission structure based on successful loan amounts and a planned start date of March 1, 2025."

Document background

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.

Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Banking

Financial Services

Real Estate

Automotive

Insurance

Small and Medium Enterprises

Construction

Property Development

Retail

Professional Services

Islamic Finance

Consumer Finance

Relevant Teams

Legal

Compliance

Risk Management

Business Development

Operations

Finance

Sales

Partnerships

Credit Assessment

Customer Relations

Regulatory Affairs

Relevant Roles

Chief Financial Officer

Compliance Officer

Legal Counsel

Business Development Manager

Partnership Manager

Risk Manager

Financial Services Director

Relationship Manager

Credit Manager

Operations Manager

Commercial Director

Sales Director

Managing Director

Head of Lending

Chief Risk Officer

Regulatory Compliance Manager

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Let's create your Loan Referral Agreement

Authors

Alex Denne

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