Loan Referral Agreement Template for Canada

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Key Requirements PROMPT example:

Loan Referral Agreement

I need a Loan Referral Agreement for my Toronto-based fintech company to partner with mortgage brokers across Ontario, with an emphasis on digital referral processes and a tiered commission structure starting from March 2025.

Document background
The Loan Referral Agreement is essential for financial institutions and referral partners operating in the Canadian market who wish to establish a formal arrangement for loan referrals. This document is particularly relevant in today's interconnected financial services landscape where partnerships and referral networks are crucial for business growth. The agreement needs to comply with Canadian federal regulations including the Bank Act, PIPEDA, and anti-money laundering legislation, as well as applicable provincial regulations. It typically includes detailed provisions on referral processes, compensation structures, compliance requirements, privacy obligations, and risk management measures. The document is designed to protect both the lender and the referral partner while ensuring transparent and compliant referral practices.
Suggested Sections

1. Parties: Identifies the parties to the agreement - typically the referral partner and the lender

2. Background: Sets out the context of the agreement, including the lender's business and the referrer's ability to introduce potential borrowers

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope: Establishes the referrer's appointment and the scope of referral services

5. Referral Process: Details the process for making referrals and required information

6. Compliance Obligations: Sets out regulatory compliance requirements and obligations

7. Compensation: Details the referral fee structure and payment terms

8. Representations and Warranties: Standard representations from both parties regarding authority and compliance

9. Privacy and Confidentiality: Obligations regarding handling of personal information and confidential data

10. Term and Termination: Duration of the agreement and termination provisions

11. Indemnification: Mutual indemnification provisions for breaches and claims

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

Optional Sections

1. Training and Support: Details of any training or support provided by the lender to the referrer

2. Non-Competition: Restrictions on the referrer's ability to refer to other lenders

3. Marketing and Branding: Guidelines for use of lender's branding and marketing materials

4. Audit Rights: Lender's right to audit referrer's compliance and records

5. Insurance Requirements: Specific insurance coverage required from the referrer

6. Service Levels: Performance metrics and service level requirements

7. Dispute Resolution: Specific procedures for resolving disputes

8. Anti-Money Laundering Compliance: Detailed AML obligations if referrer handles transaction processing

Suggested Schedules

1. Schedule A - Referral Fee Structure: Detailed breakdown of referral fees and calculation methods

2. Schedule B - Referral Process and Requirements: Step-by-step process flow and required documentation

3. Schedule C - Compliance Requirements: Detailed regulatory compliance checklist and procedures

4. Schedule D - Privacy Policy: Detailed privacy requirements and data handling procedures

5. Schedule E - Approved Marketing Materials: List of approved marketing materials and usage guidelines

6. Appendix 1 - Referral Form Template: Standard form for submitting referrals

7. Appendix 2 - Report Templates: Templates for required periodic reporting

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

Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Banking

Mortgage Lending

Real Estate

Professional Services

Insurance

Wealth Management

Business Consulting

Financial Technology

Relevant Teams

Legal

Compliance

Business Development

Risk Management

Operations

Credit

Commercial Banking

Retail Banking

Partnership Management

Product Development

Relevant Roles

Chief Lending Officer

Business Development Manager

Compliance Officer

Legal Counsel

Partnership Manager

Relationship Manager

Risk Manager

Credit Manager

Financial Services Representative

Mortgage Specialist

Business Banking Manager

Operations Manager

Commercial Banking Officer

Chief Compliance Officer

Privacy Officer

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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