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Referral Agreement Template for Switzerland

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Key Requirements PROMPT example:

Referral Agreement

I need a referral agreement to formalize the referral process between our company and external partners, outlining the commission structure for successful referrals, confidentiality obligations, and a 12-month duration with a 30-day termination notice period.

What is a Referral Agreement?

A Referral Agreement sets out the terms when one party (the referrer) directs potential clients or business opportunities to another party in exchange for compensation. Under Swiss law, these contracts help businesses grow their networks while clearly defining everyone's obligations and commission structures.

Swiss referral agreements must specify payment terms, confidentiality requirements, and any territorial restrictions. They're particularly common in financial services, where strict regulations govern client introductions and finder's fees. The agreement protects both parties by documenting their relationship and ensuring compliance with Swiss banking and commercial laws.

When should you use a Referral Agreement?

Use a Referral Agreement when partnering with other businesses or individuals to expand your client base in Switzerland. This is especially important for regulated industries like banking, insurance, and wealth management, where documenting referral relationships helps meet compliance requirements and prevents misunderstandings about compensation.

The agreement becomes essential when working with multiple referral partners, handling significant commission payments, or operating across cantonal borders. Swiss financial institutions particularly need these agreements to track client introductions and demonstrate proper due diligence to regulators. It also helps protect confidential information and define clear boundaries for both parties.

What are the different types of Referral Agreement?

Who should typically use a Referral Agreement?

  • Financial Institutions: Banks, wealth managers, and insurance companies use Referral Agreements to formalize client introductions and maintain regulatory compliance
  • Business Consultants: Independent advisors who connect clients with service providers, earning commission for successful introductions
  • Real Estate Agents: Professionals who refer clients to mortgage brokers, property managers, or other agents across different regions
  • Legal Professionals: Lawyers and notaries who draft and review agreements to ensure compliance with Swiss law
  • Corporate Compliance Officers: Internal specialists who monitor referral relationships and ensure adherence to Swiss banking and financial regulations

How do you write a Referral Agreement?

  • Party Details: Gather full legal names, addresses, and contact information for both referrer and recipient
  • Compensation Structure: Define exact commission rates, payment schedules, and any minimum thresholds
  • Service Scope: Clearly outline what constitutes a valid referral and any territorial limitations
  • Compliance Requirements: List specific Swiss regulatory obligations, especially for financial sector referrals
  • Duration Terms: Decide on agreement length, renewal conditions, and termination procedures
  • Confidentiality Rules: Specify data protection measures aligned with Swiss privacy laws
  • Document Generation: Use our platform to create a legally-sound agreement that includes all required elements

What should be included in a Referral Agreement?

  • Party Information: Complete legal names, addresses, and registration details of all involved entities
  • Services Description: Precise definition of referral activities and expected outcomes
  • Commission Terms: Detailed payment structure, calculation methods, and payment schedules
  • Confidentiality Clause: Data protection measures compliant with Swiss privacy laws
  • Duration & Termination: Agreement period, renewal options, and termination conditions
  • Regulatory Compliance: Specific references to relevant Swiss financial regulations and requirements
  • Liability Provisions: Clear allocation of risks and responsibilities between parties
  • Governing Law: Explicit choice of Swiss law and jurisdiction for dispute resolution

What's the difference between a Referral Agreement and an Agency Agreement?

A Referral Agreement differs significantly from an Agency Agreement in several key aspects under Swiss law. While both involve business relationships and intermediary services, their scope, obligations, and legal implications vary considerably.

  • Legal Authority: Agency Agreements grant the agent power to act on behalf of the principal, while Referral Agreements only permit introducing potential clients without negotiation authority
  • Compensation Structure: Referral fees are typically one-time payments for successful introductions, whereas agency commissions often include ongoing percentages of business generated
  • Regulatory Requirements: Agency relationships face stricter Swiss regulatory oversight, especially in financial services, requiring more extensive documentation and compliance measures
  • Duration: Agency Agreements usually establish long-term relationships with continuing obligations, while Referral Agreements can be project-specific or transaction-based
  • Liability Exposure: Agents bear greater liability for their actions and client relationships, while referrers typically have limited responsibility after the introduction

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