The Commercial Loan Broker Agreement is essential for businesses in Australia seeking professional assistance in securing commercial financing. This document is typically used when a company engages a specialized broker to identify, negotiate, and secure business loans or other commercial financing options. The agreement should comply with Australian financial services regulations, including ASIC requirements and relevant state laws. It details the broker's responsibilities, compensation structure (including success fees and retainers), confidentiality obligations, and compliance requirements. The document is particularly important in protecting both parties' interests and ensuring clarity in the commercial relationship, especially regarding fee arrangements and service expectations. It should be customized based on the specific financing needs, industry sector, and complexity of the required lending arrangements.
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1. Parties: Identification of the loan broker and the client, including ABN/ACN and registered addresses
2. Background: Context of the agreement, including the broker's qualifications and the client's desire to engage broker services
3. Definitions and Interpretation: Key terms used throughout the agreement, including 'Services', 'Success Fee', 'Loan', 'Lender', etc.
4. Appointment and Scope of Services: Terms of the broker's appointment and detailed description of services to be provided
5. Broker's Obligations: Key responsibilities and duties of the broker, including regulatory compliance and service standards
6. Client's Obligations: Client's responsibilities, including providing accurate information and cooperation
7. Fees and Payment Terms: Structure of broker's compensation, including success fees, retainers, and payment timing
8. Confidentiality: Obligations regarding confidential information and privacy compliance
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Representations and Warranties: Key promises and statements made by both parties
11. Liability and Indemnification: Limitation of liability and indemnification provisions
12. General Provisions: Standard boilerplate clauses including notices, governing law, etc.
1. Exclusivity: Used when the broker is granted exclusive rights to arrange financing for the client
2. Success Fee Tail: Provisions for fees payable after termination for deals originated during the term
3. Performance Targets: Include when specific performance metrics are required
4. Multi-jurisdiction Services: Required when broker services extend across multiple states or territories
5. Sub-broker Arrangements: Include when the broker may engage sub-brokers
6. Insurance Requirements: Detailed insurance obligations beyond standard professional indemnity
7. Marketing and Referrals: Terms for marketing the client's loan requirements and referral arrangements
1. Schedule 1 - Fee Structure: Detailed breakdown of all fees, including success fees, retainers, and other charges
2. Schedule 2 - Services Description: Comprehensive list of services and deliverables
3. Schedule 3 - Client Information Requirements: List of required documentation and information from the client
4. Schedule 4 - Compliance Requirements: Relevant regulatory compliance obligations and procedures
5. Appendix A - Broker Qualifications: Broker's licenses, certifications, and relevant qualifications
6. Appendix B - Standard Reporting Templates: Templates for regular reports and updates to be provided to the client
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