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Referral Contract Template for Hong Kong

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Key Requirements PROMPT example:

Referral Contract

"I need a Referral Contract governed by Hong Kong law for my fintech company to receive client referrals from financial advisors, with a tiered commission structure and strict data privacy provisions, to be effective from March 2025."

Document background
The Referral Contract is essential for businesses operating in Hong Kong that wish to formalize their referral arrangements and create clear, legally binding obligations between parties. This document is particularly relevant in the current Hong Kong business environment where network-based business development and cross-referral arrangements are common practice. The contract addresses key aspects including commission structures, referral processes, data protection (in compliance with the PDPO), and regulatory requirements specific to Hong Kong. It is designed to protect both the referrer and referee while ensuring transparency in business relationships. The document is especially important for regulated industries where formal documentation of referral arrangements is required for compliance purposes.
Suggested Sections

1. Parties: Identification of the referrer and referee companies, including registered addresses and company numbers

2. Background: Context of the referral arrangement and brief description of the parties' businesses

3. Definitions and Interpretation: Key terms used throughout the agreement, including 'Referral', 'Referred Customer', 'Services', and 'Commission'

4. Appointment and Scope: Terms of appointment, exclusivity/non-exclusivity, and territorial scope of the referral arrangement

5. Referral Process: Detailed procedures for making and accepting referrals, including communication methods and timeframes

6. Commission Structure: Commission rates, calculation methods, payment terms, and conditions for commission eligibility

7. Obligations of the Referrer: Duties of the referring party, including quality of referrals and compliance with laws

8. Obligations of the Referee: Responsibilities in handling referrals and maintaining service standards

9. Compliance and Data Protection: Obligations regarding data privacy, anti-corruption, and regulatory compliance

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

11. Confidentiality: Protection of confidential information exchanged during the referral process

12. General Provisions: Standard clauses including governing law, notices, and entire agreement

Optional Sections

1. Service Levels: Specific performance metrics and standards, used when referrals require specific quality or timing commitments

2. Training and Support: Include when the referrer needs training on products/services they're referring

3. Marketing and Branding: Guidelines for using each party's brands and marketing materials, important for customer-facing referrals

4. Non-Compete: Restrictions on competing activities, used in exclusive or high-value referral arrangements

5. Audit Rights: Rights to audit referral records, important for high-volume or high-value arrangements

6. Insurance Requirements: Specific insurance obligations, needed for regulated industries or high-risk referrals

7. Dispute Resolution: Specific dispute resolution procedures, useful for international arrangements or high-value contracts

Suggested Schedules

1. Commission Structure: Detailed breakdown of commission rates, tiers, and calculation methods

2. Referral Process Flowchart: Visual representation of the referral workflow and approval process

3. Required Customer Information: Template or list of required information for valid referrals

4. Service Description: Detailed description of services/products eligible for referral

5. Data Processing Requirements: Specific procedures for handling personal data in compliance with PDPO

6. Reporting Templates: Standard formats for referral tracking and commission reporting

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

































Clauses































Relevant Industries

Financial Services

Professional Services

Insurance

Real Estate

Technology

Healthcare

Education

Consulting

Legal Services

Banking

Wealth Management

Telecommunications

Relevant Teams

Legal

Compliance

Business Development

Sales

Operations

Commercial

Marketing

Partnership Management

Account Management

Risk Management

Relevant Roles

Business Development Manager

Partnership Manager

Legal Counsel

Compliance Officer

Sales Director

Channel Manager

Chief Commercial Officer

Relationship Manager

Operations Manager

Commercial Director

Marketing Director

Agency Manager

Head of Business Development

Chief Executive Officer

Managing Director

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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