Loan Commission Agreement for Canada

Loan Commission Agreement Template for Canada

This agreement governs the commission arrangement between a lender and a broker/agent for loan origination services in Canada. It establishes the terms and conditions for commission payments, performance requirements, compliance obligations under Canadian federal and provincial regulations, and the operational framework for the broker-lender relationship. The document includes detailed commission structures, payment terms, regulatory compliance requirements, and operational procedures while ensuring adherence to Canadian banking and financial services regulations, including relevant provincial securities laws and federal banking statutes.

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What is a Loan Commission Agreement?

The Loan Commission Agreement is essential for financial institutions and brokers operating in the Canadian lending market. This document is typically used when a lender wishes to formalize a relationship with brokers or agents who will originate loans on their behalf in exchange for commission payments. It addresses crucial aspects such as commission structures, regulatory compliance requirements under Canadian federal and provincial laws, performance standards, and operational procedures. The agreement must comply with various Canadian regulations, including the Bank Act, provincial securities legislation, and consumer protection laws. It's particularly relevant in scenarios where financial institutions are expanding their distribution channels through broker networks or when establishing new lending programs that rely on third-party originators.

What sections should be included in a Loan Commission Agreement?

1. Parties: Identification of the parties to the agreement including the lender, broker/agent, and any other relevant parties

2. Background: Context of the agreement, including the lender's business, broker's role, and purpose of the commission arrangement

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Scope: Terms of the broker's appointment and scope of authorized activities

5. Commission Structure: Detailed explanation of commission calculations, rates, and payment terms

6. Payment Terms: Timing and method of commission payments, including any minimum thresholds or caps

7. Obligations of the Broker: Broker's duties, responsibilities, and performance standards

8. Obligations of the Lender: Lender's commitments, including provision of information and support

9. Compliance Requirements: Regulatory compliance obligations and required licenses/permits

10. Term and Termination: Duration of the agreement and circumstances for termination

11. Confidentiality: Protection of confidential information and trade secrets

12. Representations and Warranties: Standard legal assurances from both parties

13. Indemnification: Mutual indemnification provisions and liability limitations

14. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law

What sections are optional to include in a Loan Commission Agreement?

1. Non-Compete: Restrictions on broker's ability to work with competing lenders - include when exclusivity is required

2. Referral Network: Terms for sub-broker or referral partner arrangements - include when broker has a referral network

3. Performance Targets: Specific loan volume or revenue targets - include when commission rates are tied to performance

4. Training and Support: Lender's commitment to provide training - include when significant product complexity exists

5. Audit Rights: Lender's right to audit broker's records - include for high-volume relationships

6. Insurance Requirements: Specific insurance coverage requirements - include when handling significant loan volumes

7. Marketing Guidelines: Rules for marketing lender's products - include when broker conducts marketing activities

8. Dispute Resolution: Specific procedures for resolving disputes - include for high-value relationships

What schedules should be included in a Loan Commission Agreement?

1. Schedule A - Commission Rates: Detailed breakdown of commission rates for different loan products and volumes

2. Schedule B - Loan Products: List and description of loan products covered by the agreement

3. Schedule C - Commission Calculation Examples: Examples showing how commissions are calculated in various scenarios

4. Schedule D - Required Documentation: List of required documentation for loan applications

5. Schedule E - Compliance Checklist: Regulatory compliance requirements and procedures

6. Appendix 1 - Reporting Templates: Standard templates for commission reports and reconciliations

7. Appendix 2 - Service Level Standards: Detailed performance metrics and service standards

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

Finance Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Banking

Mortgage Industry

Real Estate Finance

Commercial Lending

Consumer Finance

Alternative Lending

Credit Unions

FinTech

Relevant Teams

Legal

Compliance

Finance

Lending Operations

Broker Relations

Credit Risk

Treasury

Business Development

Partner Management

Commission Administration

Regulatory Affairs

Relevant Roles

Lending Director

Broker Relations Manager

Chief Lending Officer

Compliance Officer

Legal Counsel

Finance Manager

Commission Administrator

Business Development Manager

Credit Risk Manager

Operations Manager

Mortgage Broker

Loan Officer

Partnership Manager

Financial Services Director

Treasury 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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