The Commercial Loan Broker Agreement is essential for businesses seeking professional assistance in obtaining commercial financing in Canada. This document is typically used when a business requires expert intermediary services to secure loans, lines of credit, or other forms of commercial financing. The agreement establishes the framework for the relationship between the broker and the client, detailing the scope of services, compensation structure, and mutual obligations. It ensures compliance with Canadian federal regulations such as the Financial Services and Markets Act, and relevant provincial securities and financial services legislation. The document is particularly important in protecting both parties' interests, establishing clear expectations, and maintaining regulatory compliance in the commercial lending landscape. Key considerations include licensing requirements, privacy laws, and securities regulations that vary by province.
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1. Parties: Identification of the Loan Broker and the Client, including full legal names and addresses
2. Background: Context of the agreement, including the broker's qualifications and the client's desire to engage broker services
3. Definitions: Key terms used throughout the agreement, including 'Services', 'Success Fee', 'Loan', 'Lender', etc.
4. Scope of Services: Detailed description of the broker's services, including loan sourcing, negotiation, and documentation assistance
5. Broker's Obligations: Key responsibilities and duties of the broker, including due diligence and professional conduct requirements
6. Client's Obligations: Client's responsibilities, including providing accurate information and timely responses
7. Fees and Payment Terms: Structure of broker's compensation, including success fees, retainers, and payment timing
8. Term and Termination: Duration of the agreement and circumstances for termination
9. Confidentiality: Protection of confidential information exchanged during the engagement
10. Representations and Warranties: Standard assertions about capacity, authority, and compliance with laws
11. Limitation of Liability: Limits on broker's liability and specific disclaimers
12. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
1. Exclusivity: Used when the broker requires exclusive rights to arrange financing for a specified period
2. Multi-jurisdictional Services: Include when broker operates across multiple provinces or internationally
3. Regulatory Compliance: Additional section for specific regulatory requirements in certain jurisdictions
4. Sub-broker Arrangements: Include when the broker may need to engage other brokers or intermediaries
5. Insurance Requirements: Specific insurance obligations for either party
6. Dispute Resolution: Optional mediation or arbitration procedures
7. Non-Circumvention: Protection against direct client-lender relationships bypassing the broker
8. Marketing Rights: Permission to use client's name in marketing materials
1. Schedule A - Fee Structure: Detailed breakdown of all fees, commissions, and payment calculations
2. Schedule B - Services Description: Comprehensive list of services and deliverables
3. Schedule C - Required Documentation: List of documents and information the client must provide
4. Schedule D - Compliance Requirements: Specific regulatory compliance requirements and procedures
5. Appendix 1 - Broker Credentials: Copies of broker's licenses, registrations, and certifications
6. Appendix 2 - Standard Forms: Templates for engagement letters, term sheets, and other standard documents
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Commercial Real Estate
Manufacturing
Retail
Technology
Healthcare
Construction
Transportation
Professional Services
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Business Development
Corporate Development
Executive Leadership
Operations
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Commercial Loan Broker
Business Development Manager
Corporate Counsel
Legal Counsel
Compliance Officer
Financial Controller
Risk Manager
Commercial Finance Manager
Managing Director
Chief Executive Officer
Operations Director
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