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Insurance Agent Commission Split Agreement Template for Australia

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Key Requirements PROMPT example:

Insurance Agent Commission Split Agreement

"I need an Insurance Agent Commission Split Agreement for my Sydney-based general insurance brokerage, establishing a 70-30 commission split for a new agent starting March 1, 2025, with standard clawback provisions for the first 12 months."

Document background
The Insurance Agent Commission Split Agreement is essential for Australian insurance agencies and brokerages establishing formal commission-sharing arrangements with their agents. This document is typically used when an agency engages independent agents or producers and needs to formalize the financial aspects of their relationship. It covers critical elements such as commission percentages, calculation methods, payment schedules, and clawback provisions, while ensuring compliance with Australian regulatory requirements, including the Insurance Contracts Act 1984 (Cth) and ASIC regulations. The agreement is particularly important in the context of Australian insurance industry practices, where clear documentation of commission arrangements is mandatory for regulatory compliance and transparency.
Suggested Sections

1. Parties: Identifies the parties to the agreement, including licensed insurance agency/brokerage and the agent

2. Background: Outlines the context of the agreement, including the agency's authority to sell insurance and the agent's qualifications

3. Definitions: Defines key terms including types of commission, insurance products, and calculation periods

4. Appointment and Scope: Details the appointment of the agent and scope of authorized insurance products

5. Commission Structure: Specifies the basic commission split percentages and calculation methods

6. Payment Terms: Outlines when and how commissions will be paid, including payment frequency and methods

7. Obligations of the Agency: Lists the agency's responsibilities regarding commission payments, support, and compliance

8. Obligations of the Agent: Details the agent's duties, compliance requirements, and performance standards

9. Regulatory Compliance: Addresses compliance with insurance regulations and disclosure requirements

10. Record Keeping: Specifies requirements for maintaining commission and client records

11. Confidentiality: Protects confidential information of both parties and clients

12. Term and Termination: Sets out the agreement duration and termination provisions

13. Post-Termination Obligations: Describes obligations and commission arrangements after termination

14. Dispute Resolution: Establishes procedures for resolving disagreements

15. General Provisions: Includes standard clauses like governing law, amendments, and notices

Optional Sections

1. Training and Support: Include when the agency provides specific training programs or support services

2. Performance Targets: Add when commission splits are tied to performance metrics

3. Equity Participation: Include if the agreement includes options for the agent to acquire equity in the agency

4. Non-Compete Provisions: Add when restricting the agent's ability to compete post-termination

5. Cross-Selling Arrangements: Include when the agreement covers multiple insurance products or companies

6. Clawback Provisions: Add when commission recovery terms for policy cancellations are needed

7. Marketing and Advertising: Include when specifying rules for agent's marketing activities

Suggested Schedules

1. Schedule A - Commission Rates: Detailed breakdown of commission percentages by product type

2. Schedule B - Authorized Insurance Products: List of insurance products the agent is authorized to sell

3. Schedule C - Commission Calculation Examples: Examples showing how various commission scenarios are calculated

4. Schedule D - Performance Metrics: Specific targets and corresponding commission adjustments

5. Schedule E - Compliance Requirements: Detailed compliance obligations and procedures

6. Appendix 1 - Commission Payment Procedures: Step-by-step process for commission calculations and payments

7. Appendix 2 - Required Forms: Templates for commission reports and dispute resolution forms

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






































Clauses

































Relevant Industries

Insurance

Financial Services

Insurance Broking

Life Insurance

General Insurance

Health Insurance

Professional Services

Financial Planning

Risk Management

Relevant Teams

Legal

Compliance

Finance

Sales

Operations

Risk Management

Human Resources

Commission Administration

Business Development

Agency Management

Relevant Roles

Insurance Agent

Insurance Broker

Agency Principal

Managing Director

Compliance Officer

Financial Controller

Sales Manager

Business Development Manager

Insurance Producer

Account Executive

Agency Operations Manager

Risk Manager

Commission Administrator

Chief Financial Officer

Chief Operating Officer

Industries








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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