Federal Anti-Kickback Statute: Federal law that prohibits the exchange of anything of value for referrals in healthcare services. Must be considered if the consulting referral agreement involves healthcare industry.
RESPA: Real Estate Settlement Procedures Act - regulates real estate referral fees and kickbacks. Essential consideration if the agreement involves real estate transactions.
Securities Exchange Act: Federal law governing securities trading and financial services. Relevant if the consulting referrals involve financial services or securities.
Foreign Corrupt Practices Act: Federal law prohibiting bribery of foreign officials. Must be considered if the agreement involves international business activities.
State Licensing Requirements: Various state-specific regulations requiring proper licensing for certain industries and professional services.
State Referral Fee Regulations: State-specific laws governing the payment and receipt of referral fees, including any restrictions or prohibitions.
State Contract Laws: State-specific requirements for contract formation, enforcement, and interpretation.
Internal Revenue Code: Federal tax regulations governing the reporting and taxation of referral fee income.
Form 1099 Requirements: IRS requirements for reporting payments made to independent contractors, including referral fees.
Professional Ethics Rules: Industry-specific ethical guidelines and restrictions on referral fees, particularly in legal, medical, and financial services.
Statute of Frauds: Legal doctrine requiring certain types of contracts to be in writing to be enforceable.
FTC Regulations: Federal Trade Commission rules governing fair business practices and consumer protection.
State Consumer Protection Laws: State-specific regulations protecting consumers from unfair business practices and requiring specific disclosures.
