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Commission Guarantee Agreement Template for South Africa

A Commission Guarantee Agreement under South African law is a legal instrument that provides security for commission payments in commercial relationships. This agreement establishes the terms under which a guarantor (typically a bank or financial institution) guarantees the payment of commissions owed by one party to another. The document incorporates South African financial services regulations and commercial law principles, particularly adhering to the Financial Advisory and Intermediary Services (FAIS) Act and relevant banking regulations. It details the commission structure, payment terms, guarantee conditions, and enforcement mechanisms while ensuring compliance with South African legal requirements.

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What is a Commission Guarantee Agreement?

The Commission Guarantee Agreement is essential in commercial relationships where there is a need to secure commission payments through a third-party guarantee. This document is commonly used in South Africa when there are concerns about the security of commission payments or when required by regulatory or commercial arrangements. The agreement typically includes detailed provisions on the guarantee mechanism, commission calculation methods, trigger events for guarantee calls, and compliance with South African banking and financial services regulations. It provides protection for commission recipients while establishing clear obligations for all parties involved. The document is particularly relevant in industries with significant commission-based transactions, such as real estate, insurance, and financial services, where the guarantee serves as a risk mitigation tool for parties relying on commission income.

What sections should be included in a Commission Guarantee Agreement?

1. Parties: Identification of the Guarantor, Principal (party paying commission), and Beneficiary

2. Background: Context of the agreement, underlying business relationship, and purpose of the guarantee

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Commission Structure: Detailed explanation of commission rates, calculation methods, and payment terms

5. Guarantee Terms: Scope, amount, and conditions of the guarantee

6. Payment Terms: Terms and conditions for commission payments, including timing and method

7. Obligations of the Principal: Duties and responsibilities of the party paying commission

8. Obligations of the Guarantor: Duties and responsibilities of the guarantor

9. Term and Termination: Duration of the agreement and circumstances for termination

10. Representations and Warranties: Legal assurances provided by each party

11. Default and Remedies: Events of default and available remedies

12. General Provisions: Standard legal clauses including notices, governing law, and jurisdiction

What sections are optional to include in a Commission Guarantee Agreement?

1. Security Provisions: Include when additional security is required to support the guarantee

2. Counter-Indemnity: Include when the Principal must indemnify the Guarantor

3. Step-In Rights: Include when the Guarantor needs rights to step into the Principal's position

4. Commission Adjustment Mechanism: Include when commission rates may vary based on specific triggers

5. Regulatory Compliance: Include when specific regulatory requirements need detailed coverage

6. Currency Provisions: Include for cross-border transactions involving multiple currencies

7. Force Majeure: Include when specific force majeure provisions are required

What schedules should be included in a Commission Guarantee Agreement?

1. Commission Calculation Schedule: Detailed methodology and examples of commission calculations

2. Form of Demand: Template for making demands under the guarantee

3. Security Documents: List and copies of any security documents

4. Required Notices: Templates for various notices required under the agreement

5. Contact Details: Detailed contact information for all parties

6. Compliance Requirements: Specific regulatory and compliance requirements

7. Payment Schedule: Detailed payment dates and amounts if applicable

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

Jurisdiction

South Africa

Publisher

Genie AI

Sector

Sales

Cost

Free to use

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