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Broker Referral Agreement
"I need a Broker Referral Agreement for my mortgage broking firm in Auckland, where we'll be receiving client referrals from a network of real estate agents, with a tiered commission structure and specific compliance requirements for the New Zealand mortgage industry."
1. Parties: Identifies the parties to the agreement - typically the referring party (referrer) and the broker receiving the referrals
2. Background: Explains the context of the agreement, including the broker's business, the referrer's role, and the purpose of the referral arrangement
3. Definitions: Defines key terms used throughout the agreement, including 'Referral', 'Qualified Lead', 'Commission', etc.
4. Appointment and Scope: Establishes the non-exclusive nature of the referral relationship and defines the scope of services
5. Referral Process: Details the procedure for making referrals, including method of introduction and required information
6. Commission Structure: Outlines the compensation terms, including commission rates, calculation methods, and payment timing
7. Obligations of the Parties: Lists the duties and responsibilities of both the referrer and the broker
8. Compliance Requirements: Addresses regulatory compliance, including AML/CFT obligations and financial services regulations
9. Confidentiality: Protects confidential information and client data shared during the referral process
10. Term and Termination: Specifies the duration of the agreement and circumstances for termination
11. General Provisions: Standard clauses covering notices, amendments, governing law, etc.
1. Training and Support: Used when the broker provides training or resources to the referrer
2. Marketing and Branding: Include when parties need to establish guidelines for using each other's brands or marketing materials
3. Non-Compete Clause: Added when exclusivity or restrictions on competing activities are required
4. Dispute Resolution: Detailed dispute resolution procedures beyond standard jurisdiction clauses
5. Insurance Requirements: Include when specific insurance coverage is required for either party
6. Data Protection: Detailed section when extensive personal data handling is involved
7. Service Level Agreement: Used when specific performance metrics or response times need to be established
1. Schedule 1 - Commission Structure: Detailed breakdown of commission rates, tiers, and calculation methods
2. Schedule 2 - Referral Process Flow: Step-by-step process flow and requirements for making referrals
3. Schedule 3 - Required Client Information: List of required information and documentation for qualified referrals
4. Schedule 4 - Compliance Checklist: Checklist of regulatory requirements and compliance procedures
5. Appendix A - Referral Forms: Standard forms and templates for making referrals
6. Appendix B - Marketing Guidelines: Guidelines for use of marketing materials and branding elements
Authors
AML/CFT Act
Applicable Laws
Broker
Broker Services
Business Day
Commencement Date
Commission
Confidential Information
Dispute
Effective Date
Eligible Client
FMA
Force Majeure Event
Intellectual Property Rights
Lead
Material Breach
Personal Information
Qualified Lead
Referral
Referral Commission
Referral Fee
Referral Notice
Referral Period
Referral Process
Referring Party
Regulatory Authority
Related Company
Services
Successful Referral
Term
Territory
Transaction
Authority
Commission
Compliance
Confidentiality
Data Protection
Definitions
Dispute Resolution
Force Majeure
General
Governing Law
Indemnification
Insurance
Intellectual Property
Liability
Non-Compete
Non-Solicitation
Notices
Obligations
Payment Terms
Privacy
Record Keeping
Referral Process
Regulatory Compliance
Relationship of Parties
Representation and Warranties
Termination
Term
Training
Variation
Financial Services
Real Estate
Insurance
Banking
Mortgage Lending
Investment Management
Professional Services
Legal Services
Wealth Management
Business Advisory
Legal
Compliance
Business Development
Sales
Operations
Risk Management
Commercial
Partner Relations
Distribution
Executive Leadership
Broker
Business Development Manager
Compliance Officer
Financial Advisor
Legal Counsel
Partnership Manager
Relationship Manager
Risk Manager
Sales Director
Operations Manager
Chief Executive Officer
Managing Director
Head of Distribution
Commercial Director
Business Partner
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