This Loan Referral Agreement is designed for use in Hong Kong's financial services sector where one party wishes to formally establish an arrangement to refer potential borrowers to a licensed lender. The document is particularly relevant in the context of Hong Kong's highly regulated financial services environment, incorporating compliance requirements from the Money Lenders Ordinance (Cap. 163), Personal Data (Privacy) Ordinance (Cap. 486), and related regulations. It is commonly used by banks, licensed money lenders, and financial intermediaries to structure referral relationships, defining the scope of services, compensation mechanisms, compliance obligations, and operational procedures. The agreement includes specific provisions addressing Hong Kong regulatory requirements, data privacy protection, and standard market practices in the territory.
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1. Parties: Identification of the referrer and the lender, including registration details and addresses
2. Background: Context of the agreement, brief description of parties' businesses, and purpose of the referral arrangement
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Scope: Terms of appointment, exclusivity/non-exclusivity, territory, and scope of referral services
5. Referral Process: Detailed procedures for making referrals, including documentation requirements and timeframes
6. Compensation: Fee structure, payment terms, calculation methods, and payment schedule
7. Compliance Requirements: Regulatory compliance obligations, licensing requirements, and conduct standards
8. Data Protection and Privacy: Obligations regarding handling of customer data and compliance with PDPO
9. Representations and Warranties: Standard representations by both parties regarding authority, compliance, and capability
10. Confidentiality: Confidentiality obligations regarding business information and customer data
11. Term and Termination: Duration of agreement, renewal terms, and termination rights
12. General Provisions: Standard boilerplate clauses including notices, assignment, entire agreement, etc.
1. Training and Support: Include when referrer's staff requires training on lender's products or systems
2. Marketing and Branding: Include when parties agree to specific marketing arrangements or brand usage
3. Service Levels: Include when specific performance metrics or response times are required
4. Audit Rights: Include when lender requires right to audit referrer's compliance and processes
5. Non-Compete: Include when parties agree to exclusivity or territorial restrictions
6. Insurance Requirements: Include when specific insurance coverage is required for the referrer
7. Dispute Resolution: Include when parties want specific dispute resolution procedures beyond court jurisdiction
1. Schedule 1 - Fee Schedule: Detailed breakdown of referral fees, commission structures, and payment calculations
2. Schedule 2 - Referral Procedures: Step-by-step process flow, forms, and documentation requirements
3. Schedule 3 - Compliance Requirements: Specific regulatory requirements, scripts, and compliance procedures
4. Schedule 4 - Approved Marketing Materials: List of approved marketing materials and usage guidelines
5. Appendix A - Data Protection Requirements: Detailed data handling procedures and privacy protection measures
6. Appendix B - Contact Details: Key contact persons and escalation matrix for both parties
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