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Loan Broker Commission Agreement

Loan Broker Commission Agreement Template for Australia

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Key Requirements PROMPT example:

Loan Broker Commission Agreement

"I need a Loan Broker Commission Agreement for our Australian mortgage lending business that includes strict compliance provisions and clawback terms, with particular focus on responsible lending requirements and ASIC regulations."

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Document background
The Loan Broker Commission Agreement is a critical document used in the Australian financial services sector to formalize the commercial arrangement between lending institutions and loan brokers. This agreement is essential when a financial institution wishes to engage independent brokers to promote and facilitate their loan products in compliance with Australian financial services regulations. The document covers commission structures, payment terms, compliance requirements, and service standards, ensuring alignment with the National Consumer Credit Protection Act 2009 and other relevant Australian legislation. It's particularly important in today's market where a significant portion of loans are originated through broker channels, requiring clear documentation of responsibilities, commission arrangements, and regulatory compliance obligations.
Suggested Sections

1. Parties: Identifies and defines the lender and broker parties to the agreement

2. Background: Sets out the context of the agreement, including the broker's qualifications and authorizations

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope: Details the broker's appointment, territory, and authorized loan products

5. Broker Obligations: Outlines the broker's duties, compliance requirements, and service standards

6. Lender Obligations: Specifies the lender's responsibilities and support provided to the broker

7. Commission Structure: Establishes the basic framework for commission calculations and payments

8. Payment Terms: Details the timing and method of commission payments

9. Compliance and Reporting: Sets out regulatory compliance requirements and reporting obligations

10. Term and Termination: Specifies the agreement duration and termination provisions

11. Confidentiality: Addresses the handling of confidential information

12. Dispute Resolution: Outlines the process for resolving disputes between parties

13. General Provisions: Contains standard boilerplate clauses including governing law, notices, and amendments

Optional Sections

1. Training Requirements: Include when the lender provides specific training programs or requirements for the broker

2. Marketing and Branding: Include when the agreement covers co-branding or marketing arrangements

3. Professional Indemnity Insurance: Include when specific insurance requirements need to be detailed

4. Clawback Provisions: Include when commission clawback arrangements apply for early loan termination

5. Sub-broker Arrangements: Include when the broker is permitted to engage sub-brokers

6. White Label Products: Include when the broker can offer white-labeled loan products

7. Performance Targets: Include when minimum performance requirements or bonus structures apply

8. Data Protection: Include when detailed data handling and privacy requirements need specification

Suggested Schedules

1. Schedule 1 - Commission Rates: Detailed breakdown of commission rates for different loan products and scenarios

2. Schedule 2 - Approved Loan Products: List of loan products the broker is authorized to promote

3. Schedule 3 - Compliance Procedures: Detailed compliance procedures and checklists

4. Schedule 4 - Documentation Requirements: List of required documentation for loan applications

5. Schedule 5 - Service Level Standards: Detailed service standards and response times

6. Appendix A - Broker Accreditation Requirements: Details of required qualifications and accreditations

7. Appendix B - Commission Calculator: Formulae and examples for commission calculations

8. Appendix C - Reporting Templates: Standard templates for required reports and submissions

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 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

Financial Services

Banking

Mortgage Industry

Real Estate Finance

Commercial Lending

Consumer Finance

Asset Finance

Property Development

Equipment Finance

Relevant Teams

Legal

Compliance

Finance

Broker Relations

Credit Assessment

Operations

Risk Management

Sales

Commission Processing

Business Development

Partner Management

Relevant Roles

Chief Financial Officer

Head of Lending

Broker Relationship Manager

Compliance Officer

Legal Counsel

Credit Manager

Commission Manager

Mortgage Broker

Finance Broker

Commercial Lending Manager

Operations Manager

Risk Manager

Channel Manager

Business Development Manager

Sales Director

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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