The Broker Referral Agreement is essential for businesses operating in Nigeria's financial services sector who wish to establish formal referral relationships. This document is typically used when a licensed broker wants to expand their client base through partnership with individuals or organizations who can refer potential clients. The agreement must comply with Nigerian regulatory requirements, particularly the Investment and Securities Act 2007 and SEC regulations. It covers crucial aspects such as referral mechanisms, compensation structures, compliance obligations, and risk allocation. The document is particularly important in Nigeria's growing financial services sector, where proper documentation of business relationships is crucial for regulatory compliance and risk management. The agreement helps protect both parties by clearly defining their roles, responsibilities, and the terms of their business relationship.
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1. Parties: Identifies the parties to the agreement, including full legal names, registration details, and addresses
2. Background: Sets out the context of the agreement, including the broker's qualifications and licensing status
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Scope: Establishes the broker's appointment and defines the scope of referral services
5. Referral Process: Details the process for making and managing referrals
6. Compensation: Specifies referral fees, payment terms, and calculation methods
7. Representations and Warranties: Contains essential declarations by both parties regarding capacity, authority, and compliance
8. Compliance Requirements: Outlines regulatory compliance obligations and requirements
9. Confidentiality: Addresses the handling of confidential information
10. Term and Termination: Specifies the duration of the agreement and termination provisions
11. General Provisions: Contains standard boilerplate clauses including governing law, notices, and amendment procedures
1. Non-Solicitation: Restricts parties from soliciting each other's clients or employees - include when protecting client relationships is crucial
2. Intellectual Property: Addresses the use of trademarks and marketing materials - include when branded materials will be shared
3. Data Protection: Details data handling requirements - include when personal data will be processed
4. Training and Support: Outlines any training or support provided - include when the referrer needs specific product knowledge
5. Performance Targets: Sets minimum referral targets - include when specific performance levels are required
6. Dispute Resolution: Specifies arbitration or mediation procedures - include for high-value agreements
1. Schedule 1: Compensation Structure: Detailed breakdown of referral fees, commission tiers, and calculation methods
2. Schedule 2: Referral Process Flow: Step-by-step process for making and tracking referrals
3. Schedule 3: Compliance Requirements: Specific regulatory requirements and compliance procedures
4. Schedule 4: Approved Marketing Materials: List of approved marketing materials and usage guidelines
5. Appendix A: Referral Report Template: Standard format for reporting referrals
6. Appendix B: Required Documentation: List of documents required for each referral
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