Loan Referral Agreement for India

Loan Referral Agreement Template for India

A comprehensive legal agreement governed by Indian law that establishes and regulates the relationship between a financial institution and a referral partner for loan products. The document outlines the terms and conditions under which the referral partner can refer potential borrowers to the financial institution, including commission structures, compliance requirements under Indian banking regulations, data protection obligations, and risk allocation between parties. It incorporates requirements from key Indian legislation including the Banking Regulation Act, 1949, and relevant RBI guidelines on outsourcing of financial services.

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What is a Loan Referral Agreement?

The Loan Referral Agreement is essential for financial institutions in India looking to expand their loan distribution channels through third-party referral partners. This document is typically used when banks or NBFCs want to formalize relationships with partners who can refer potential borrowers, while ensuring compliance with Indian banking regulations and RBI guidelines. It covers crucial aspects such as referral processes, commission structures, compliance requirements, data protection, and risk management. The agreement is particularly important in the current digital banking landscape where traditional financial institutions increasingly partner with various intermediaries and digital platforms. It provides a framework that balances business objectives with regulatory compliance, while clearly defining roles, responsibilities, and liability allocation between parties.

What sections should be included in a Loan Referral Agreement?

1. Parties: Identification of the parties entering into the agreement - typically the financial institution and the referral partner

2. Background: Context of the agreement, including the lender's authority to provide loans and referrer's business

3. Definitions: Key terms used throughout the agreement including 'Referred Customer', 'Loans', 'Referral Services', etc.

4. Appointment and Scope: Terms of appointment of the referrer and scope of referral services

5. Referral Process: Detailed process for making referrals, including documentation requirements and timeframes

6. Obligations of the Referrer: Specific duties, responsibilities and compliance requirements for the referrer

7. Obligations of the Lender: Lender's commitments regarding processing referrals and providing necessary support

8. Commission Structure: Details of referral fees, calculation method, and payment terms

9. Compliance Requirements: Regulatory compliance obligations, including KYC, anti-money laundering, and banking regulations

10. Representations and Warranties: Standard and specific warranties from both parties

11. Confidentiality: Protection of confidential information and customer data

12. Term and Termination: Duration of agreement and termination rights

13. Indemnification: Mutual indemnification provisions for breaches and third-party claims

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

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

1. Training and Support: Include when the lender will provide specific training or support systems to the referrer

2. Marketing and Branding: Include when parties need to agree on specific marketing arrangements or brand usage

3. Performance Targets: Include when the agreement includes minimum referral targets or performance metrics

4. Territory Restrictions: Include when the referrer's activities are limited to specific geographic areas

5. Non-Compete: Include when exclusivity or competition restrictions are required

6. Audit Rights: Include for larger institutional referral partners where regular audits are anticipated

7. Force Majeure: Include when specific force majeure provisions are required beyond standard impossibility under Indian contract law

What schedules should be included in a Loan Referral Agreement?

1. Commission Schedule: Detailed breakdown of commission rates, tiers, and calculation methodology

2. Referral Process Flow: Step-by-step process flow for referrals including documentation requirements

3. Compliance Checklist: Detailed compliance requirements and documentation checklist

4. Approved Marketing Materials: Templates or examples of approved marketing materials and disclaimers

5. Service Level Agreement: Specific timeframes and service levels for processing referrals

6. Data Protection Requirements: Detailed data protection and security requirements

7. Required Forms: Standard forms and templates to be used in the referral process

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

India

Publisher

Genie AI

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Banking

Financial Services

FinTech

Real Estate

Insurance

Retail

E-commerce

Professional Services

Consulting

Technology

Telecommunications

Automotive

Relevant Teams

Legal

Compliance

Risk Management

Business Development

Sales

Operations

Finance

Partnerships

Product Management

Customer Relations

Information Technology

Internal Audit

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Head of Partnerships

Business Development Manager

Compliance Officer

Legal Counsel

Risk Manager

Partnership Manager

Channel Manager

Sales Director

Operations Manager

Product Manager

Relationship Manager

Chief Risk Officer

Head of Legal

Head of Compliance

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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