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Mortgage Broker Agreement
"I need a Mortgage Broker Agreement under Irish law for my fintech startup that will be offering digital-first mortgage broking services to residential clients, with specific provisions for online service delivery and data protection compliance."
1. Parties: Identifies the mortgage broker and the client, including full legal names, addresses, and registration/license numbers
2. Background: Explains the context of the agreement, the broker's regulatory status, and the client's intention to engage the broker's services
3. Definitions: Defines key terms used throughout the agreement, including regulatory terms and service-specific terminology
4. Scope of Services: Details the mortgage broking services to be provided, including mortgage research, advice, and application assistance
5. Broker's Obligations: Sets out the broker's duties, including regulatory compliance, due diligence, and service standards
6. Client's Obligations: Specifies client responsibilities, including providing accurate information and necessary documentation
7. Fees and Commission: Details the fee structure, commission arrangements, and payment terms
8. Regulatory Compliance: Addresses compliance with Irish financial regulations and Central Bank requirements
9. Confidentiality and Data Protection: Covers handling of client information in compliance with GDPR and data protection laws
10. Duration and Termination: Specifies the term of the agreement and circumstances for termination
11. Liability and Indemnification: Outlines the broker's liability limitations and indemnification provisions
12. Complaints Procedure: Details the process for handling client complaints as per regulatory requirements
13. Governing Law: Confirms Irish law as governing law and jurisdiction
1. Additional Services: Used when the broker offers supplementary services beyond mortgage broking, such as insurance or investment advice
2. Sub-Brokers and Referrals: Include when the broker may involve other parties or make referrals to other service providers
3. Online Services: Required when the broker provides digital platforms or online tools for client use
4. International Transactions: Include for clients seeking mortgages in other jurisdictions
5. Marketing Consent: Optional section for obtaining client consent for marketing communications
6. Vulnerable Customers Policy: Include when dealing with potentially vulnerable clients requiring additional protections
1. Schedule 1 - Fee Structure: Detailed breakdown of all fees, charges, and commission structures
2. Schedule 2 - Services Description: Comprehensive list and description of all services offered
3. Schedule 3 - Required Documentation: List of documents required from the client for mortgage applications
4. Schedule 4 - Regulatory Disclosures: Mandatory disclosures required by Central Bank of Ireland and other regulatory bodies
5. Schedule 5 - Privacy Notice: Detailed GDPR-compliant privacy notice
6. Appendix A - Terms of Business: Standard terms of business as required by Irish financial regulations
7. Appendix B - Lender Panel: List of lenders with whom the broker has arrangements
8. Appendix C - Complaints Procedure: Detailed procedure for handling complaints including Financial Services Ombudsman details
Authors
Financial Services
Real Estate
Banking
Consumer Finance
Property Development
Mortgage Lending
Financial Technology
Legal
Compliance
Risk Management
Operations
Client Services
Credit Analysis
Business Development
Regulatory Affairs
Document Management
Client Onboarding
Mortgage Broker
Financial Advisor
Compliance Officer
Legal Counsel
Risk Manager
Operations Manager
Client Relationship Manager
Credit Officer
Managing Director
Business Development Manager
Financial Services Director
Mortgage Specialist
Regulatory Affairs Manager
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