Loan Referral Agreement for Hong Kong

Loan Referral Agreement Template for Hong Kong

A comprehensive agreement governed by Hong Kong law that establishes the terms and conditions under which one party (the referrer) can refer potential borrowers to another party (the lender) for loan products. The agreement addresses key regulatory requirements under Hong Kong's Money Lenders Ordinance and Personal Data (Privacy) Ordinance, including referral procedures, compensation structures, compliance obligations, and data protection requirements. It provides a framework for managing the referral relationship while ensuring regulatory compliance and risk management.

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What is a Loan Referral Agreement?

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.

What sections should be included in a Loan Referral Agreement?

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.

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

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

What schedules should be included in a Loan Referral Agreement?

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

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

Hong Kong

Publisher

Genie AI

Document Type

Release Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Banking

Real Estate

Insurance

Wealth Management

Professional Services

Fintech

Mortgage Broking

Corporate Services

Consumer Finance

Relevant Teams

Legal

Compliance

Risk Management

Business Development

Operations

Commercial

Sales

Partnerships

Product Development

Data Protection

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Head of Compliance

Legal Counsel

Business Development Manager

Relationship Manager

Risk Manager

Operations Manager

Commercial Director

Partnership Manager

Compliance Officer

Data Protection Officer

Sales Director

Channel Manager

Product 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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