Loan Commission Agreement Template for United States

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Key Requirements PROMPT example:

Loan Commission Agreement

"Need a Loan Commission Agreement for our mortgage brokerage firm that includes a tiered commission structure based on loan volume and specific clawback provisions for loans that default within the first six months of 2025."

Document background
The Loan Commission Agreement serves as a critical document in the lending industry, establishing clear parameters for commission-based compensation in loan origination activities. This agreement is essential when financial institutions work with loan officers, brokers, or referral partners who earn commissions for generating loans. It ensures compliance with U.S. federal regulations, including TILA, RESPA, and state-specific lending laws, while protecting all parties' interests through clearly defined commission structures, payment terms, and performance expectations.
Suggested Sections

1. Parties: Identification of the lender and commission recipient

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement including loan types, commission basis, and payment periods

4. Commission Structure: Detailed breakdown of commission calculations and payment terms

5. Payment Terms: Timeline and method of commission payments

6. Obligations of Parties: Responsibilities of each party under the agreement

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

8. Representations and Warranties: Legal assurances and statements of fact from both parties

9. Compliance Requirements: Regulatory compliance obligations and requirements

10. General Provisions: Standard legal clauses including governing law, notices, and amendments

Optional Sections

1. Non-Compete: Restrictions on working with competitors (include when protecting business interests is crucial)

2. Clawback Provisions: Terms for recovering commissions in specific circumstances such as early loan repayment or default

3. Training Requirements: Mandatory training or certification requirements for commission eligibility

4. Exclusivity: Terms regarding exclusive rights to certain loan types or territories

5. Dispute Resolution: Specific procedures for handling disputes between parties

Suggested Schedules

1. Schedule A - Commission Rate Schedule: Detailed breakdown of commission rates by loan type and amount

2. Schedule B - Required Licenses: List of required licenses and certifications

3. Schedule C - Compliance Procedures: Detailed compliance requirements and procedures

4. Schedule D - Reporting Templates: Standard forms for commission reporting and tracking

5. Schedule E - Territory Definition: Geographic areas or market segments covered by the agreement

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

Industries

Truth in Lending Act (TILA): Federal law that requires lenders to provide standardized disclosures about terms and costs associated with lending arrangements

Real Estate Settlement Procedures Act (RESPA): Federal law governing real estate settlement processes and prohibiting kickbacks and referral fees in real estate transactions

Equal Credit Opportunity Act (ECOA): Prohibits discrimination in lending based on race, color, religion, national origin, sex, marital status, age, or participation in public assistance programs

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

SAFE Act: Establishes minimum standards for state licensing and registration of mortgage loan originators

State Usury Laws: State-specific regulations that set maximum interest rates and govern lending practices within each state

State Licensing Requirements: State-specific requirements for licensing loan originators and commission-based lending professionals

CFPB Regulations: Federal regulations protecting consumers in the financial sector, including lending practices and commission structures

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

Anti-Money Laundering Requirements: Regulations requiring financial institutions to verify the source of funds and identity of parties involved in transactions

State Contract Law: State-specific laws governing contract formation, enforcement, and interpretation

Uniform Commercial Code: Standardized set of laws governing commercial transactions, including secured transactions and negotiable instruments

State Consumer Protection Statutes: State-specific laws protecting consumers from unfair or deceptive practices in financial transactions

Anti-Kickback Provisions: Regulations prohibiting illegal fee-splitting and kickback arrangements in lending transactions

Documentation Requirements: Legal requirements for maintaining records of commission arrangements, payments, and related lending activities

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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