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Mortgage Broker Referral Fee Agreement
"I need a Mortgage Broker Referral Fee Agreement for my Auckland-based mortgage broking firm to establish a referral arrangement with a network of real estate agencies, including a tiered commission structure and strict compliance with NZ financial regulations."
1. Parties: Identifies the mortgage broker and referrer, including their legal names, addresses, and any relevant license numbers
2. Background: Outlines the context of the agreement, including the broker's business, the referrer's role, and the purpose of the arrangement
3. Definitions: Defines key terms used throughout the agreement, including 'Referral', 'Successful Referral', 'Referral Fee', and 'Confidential Information'
4. Appointment and Scope: Establishes the non-exclusive nature of the referral relationship and defines the authorized activities
5. Referral Process: Details the procedure for making referrals, including required information and documentation
6. Referral Fee Structure: Specifies the fee calculation method, payment terms, and conditions for fee eligibility
7. Compliance Obligations: Outlines regulatory compliance requirements, including financial adviser legislation and AML/CFT obligations
8. Representations and Warranties: Contains mutual assurances regarding authority, compliance, and capacity to enter the agreement
9. Confidentiality: Addresses the handling of confidential information and privacy requirements
10. Term and Termination: Specifies the agreement duration and grounds for termination
11. General Provisions: Includes standard clauses such as notices, amendments, governing law, and dispute resolution
1. Marketing and Promotion: Optional section for agreements where the referrer will actively promote the broker's services, including approved marketing materials and practices
2. Training Requirements: Required when the referrer needs specific training to understand products or compliance requirements
3. Performance Targets: Optional section setting minimum referral volumes or quality standards, useful for commercial arrangements
4. Professional Indemnity Insurance: Required when either party needs to maintain specific insurance coverage
5. Data Protection: Detailed section needed when extensive personal data handling is involved
6. Non-Compete Provisions: Optional restrictions on working with competing brokers, if commercially required
7. Dispute Resolution Process: Detailed alternative dispute resolution procedures, recommended for high-value arrangements
1. Schedule 1 - Fee Schedule: Detailed breakdown of referral fee calculations, including any tiered structures or bonus arrangements
2. Schedule 2 - Referral Process Workflow: Step-by-step process for making and managing referrals
3. Schedule 3 - Required Information Form: Template form for collecting necessary client information for referrals
4. Schedule 4 - Compliance Checklist: Checklist of regulatory requirements and compliance procedures
5. Appendix A - Privacy Policy: Detailed privacy procedures and data handling requirements
6. Appendix B - Marketing Guidelines: Guidelines for any approved marketing or promotional activities
Authors
Financial Services
Real Estate
Banking
Professional Services
Legal Services
Property Investment
Insurance
Mortgage Banking
Wealth Management
Financial Advisory
Legal
Compliance
Risk Management
Business Development
Operations
Finance
Client Services
Professional Services
Commercial
Administration
Mortgage Broker
Financial Adviser
Real Estate Agent
Accountant
Lawyer
Financial Planner
Business Development Manager
Compliance Officer
Legal Counsel
Risk Manager
Branch Manager
Relationship Manager
Property Investment Consultant
Insurance Broker
Wealth Manager
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