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Loan Broker Agreement
"I need a Loan Broker Agreement for my Malaysian financial institution to engage brokers for consumer mortgage products, with strict data protection provisions and a tiered commission structure based on loan volume. The agreement should be ready for implementation by March 2025."
1. Parties: Identification of the Loan Broker and the Principal/Financial Institution
2. Background: Context of the agreement and brief description of the parties' business activities
3. Definitions: Key terms used throughout the agreement
4. Appointment and Scope: Terms of broker's appointment and detailed scope of services
5. Regulatory Compliance: Obligations to comply with Malaysian financial regulations and licensing requirements
6. Broker's Obligations: Detailed responsibilities including client screening, documentation, and service standards
7. Principal's Obligations: Responsibilities of the financial institution including information provision and support
8. Commission Structure: Detailed breakdown of commission rates, payment terms and conditions
9. Representations and Warranties: Standard and specific warranties from both parties
10. Confidentiality: Protection of confidential information and trade secrets
11. Data Protection: Compliance with PDPA 2010 and data handling requirements
12. Anti-Money Laundering: AML/CTF compliance requirements and procedures
13. Indemnification: Mutual indemnification provisions and liability limitations
14. Term and Termination: Duration of agreement and termination provisions
15. Dispute Resolution: Process for resolving disputes including jurisdiction and governing law
16. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Training and Support: Details of training provided by principal to broker's staff - include if the principal provides extensive training
2. Marketing and Branding: Guidelines for using principal's branding - include if broker will conduct marketing activities
3. Performance Targets: Specific performance metrics and incentives - include if there are minimum performance requirements
4. Territory Restrictions: Geographical limitations on broker's activities - include if broker is restricted to specific regions
5. Sub-broker Arrangements: Terms for engaging sub-brokers - include if sub-broking is permitted
6. Insurance Requirements: Specific insurance coverage requirements - include if special insurance is required
7. IT Systems Integration: Technical requirements for system integration - include if using principal's loan processing system
1. Schedule 1 - Commission Rates: Detailed breakdown of commission structures for different loan products
2. Schedule 2 - Loan Products: List and descriptions of loan products the broker is authorized to promote
3. Schedule 3 - Compliance Procedures: Detailed compliance procedures and checklists
4. Schedule 4 - Service Level Requirements: Specific service standards and response time requirements
5. Schedule 5 - Required Documentation: List of required documents for loan applications
6. Appendix A - Reporting Templates: Standard templates for periodic reporting
7. Appendix B - Marketing Guidelines: Approved marketing materials and usage guidelines
Authors
Financial Services
Banking
Real Estate
Mortgage Industry
Consumer Finance
Commercial Lending
Insurance
FinTech
Small Business Services
Legal
Compliance
Risk Management
Lending Operations
Business Development
Broker Relations
Credit Assessment
Sales
Operations
Partner Management
Documentation
Chief Financial Officer
Head of Lending
Compliance Officer
Legal Counsel
Business Development Manager
Loan Officer
Broker Relations Manager
Risk Manager
Operations Manager
Credit Manager
Partnership Manager
Regulatory Compliance Manager
Sales Director
Channel Manager
Managing Director
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