Broker Referral Agreement for Canada

Broker Referral Agreement Template for Canada

This document establishes a formal referral arrangement between brokers operating in Canada, outlining the terms and conditions for client referrals, compensation structures, and compliance requirements. It incorporates provisions to ensure compliance with Canadian federal and provincial regulations, including securities laws, privacy requirements, and industry-specific regulations. The agreement covers key aspects such as referral processes, fee structures, confidentiality obligations, regulatory compliance, and risk allocation between the parties, while adhering to the specific requirements of Canadian jurisdictions where the brokers operate.

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What is a Broker Referral Agreement?

The Broker Referral Agreement serves as a critical document for establishing formal referral relationships between brokers operating in various Canadian markets. This agreement is essential when brokers wish to create mutually beneficial relationships for sharing clients or business opportunities while maintaining compliance with Canadian regulatory requirements. It is particularly relevant in situations where one broker identifies opportunities that better match another broker's expertise or licensing scope. The document includes comprehensive details about referral processes, compensation structures, compliance requirements, and risk management provisions, ensuring alignment with federal and provincial regulations. This agreement is commonly used in financial services, real estate, and other regulated industries where referral arrangements require formal documentation and regulatory oversight.

What sections should be included in a Broker Referral Agreement?

1. Parties: Identification of the referring broker and receiving broker, including full legal names, registration details, and contact information

2. Background: Context of the agreement, including the nature of the brokers' businesses and purpose of the referral arrangement

3. Definitions: Key terms used throughout the agreement, including 'Referral', 'Referred Client', 'Referral Fee', and 'Services'

4. Scope of Referral Arrangement: Details of what constitutes a valid referral and the specific services covered by the agreement

5. Referral Process: Step-by-step process for making and accepting referrals, including communication protocols and timeframes

6. Compensation: Structure and calculation of referral fees, payment terms, and conditions for fee eligibility

7. Regulatory Compliance: Obligations of both parties to comply with applicable laws and regulations, including securities laws and privacy requirements

8. Representations and Warranties: Statements affirming each party's authority, qualifications, and regulatory standing

9. Confidentiality: Provisions for protecting confidential information and client data

10. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

11. Record Keeping: Requirements for maintaining records of referrals and transactions

12. General Provisions: Standard legal clauses including governing law, amendments, and notices

What sections are optional to include in a Broker Referral Agreement?

1. Non-Solicitation: Restrictions on soliciting referred clients or employees, used when there's significant risk of client poaching

2. White Labeling: Terms for using each other's branding and marketing materials, included when parties agree to co-branded services

3. Training and Support: Details of any training or support provided between parties, included when one party provides operational support to the other

4. Dispute Resolution: Specific procedures for resolving disputes, included when parties want to specify mediation or arbitration processes

5. Insurance Requirements: Specific insurance coverage requirements, included when dealing with high-value transactions or regulated services

6. Territory Restrictions: Geographic limitations on referral activities, included when parties want to define specific market areas

7. Performance Metrics: Specific performance targets and review processes, included when parties want to establish measurable success criteria

What schedules should be included in a Broker Referral Agreement?

1. Schedule A - Fee Structure: Detailed breakdown of referral fees, including percentages, tiers, and calculation methods

2. Schedule B - Referral Process Flow: Detailed workflow diagram and procedures for handling referrals

3. Schedule C - Required Documentation: List of documents and forms required for processing referrals

4. Schedule D - Compliance Checklist: Regulatory compliance requirements and verification procedures

5. Schedule E - Approved Marketing Materials: Templates and guidelines for marketing the referral relationship

6. Appendix 1 - Contact Information: Key contacts and escalation procedures for both parties

7. Appendix 2 - Service Level Standards: Specific timeframes and quality standards for handling referrals

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Genie AI

Document Type

Broker Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Real Estate

Insurance

Securities and Investment

Mortgage Lending

Business Services

Wealth Management

Commercial Real Estate

Investment Banking

Corporate Finance

Relevant Teams

Legal

Compliance

Business Development

Operations

Risk Management

Sales

Partnerships

Corporate Development

Regulatory Affairs

Client Services

Relevant Roles

Broker

Compliance Officer

Legal Counsel

Business Development Manager

Chief Executive Officer

Chief Operating Officer

Relationship Manager

Risk Manager

Operations Director

Managing Partner

Chief Compliance Officer

Sales Director

Partnership Manager

Business Manager

Regulatory Affairs Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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