INTRODUCER AGREEMENT

AN AGREEMENT

BETWEEN

Leodis Financial Ltd t/a Leodis Financial, company number 09865671, of RHS Rebecca House, Rebecca Street, Bradford. BD1 2RX (“Leodis”)

AND

(the “Introducer”)

WHEREBY IT IS AGREED as follows:

  1. INTRODUCTION AND SCOPE

1.1 Leodis is authorised and regulated by the Financial Conduct Authority.

1.2 This agreement applies to Individuals (“Introducers”) registering with Leodis for the purpose of referring clients seeking property finance.

1.3 The following terms will be used throughout this agreement:

“Appointed Representative”

A Principal’s employee, sub contract worker or agent reliant on use of the Representative Principal’s FCA permissions.

“Client”

A customer of Leodis to whom the Intermediary provides the products or services.

“Directly Authorised”

A person holding FCA permission for regulated activity Authorised by the FCA – The Financial Conduct Authority, 25 The North Colonnade, Canary Wharf, London, E14 5HS.

“Introducer”

A person making the referral to Leodis as an ancillary service to their main business.

“MCOB”

Mortgage Conduct of Business sourcebook, part of the FCA handbook.

  1. PRODUCTS

2.1 Leodis will source their panel for Residential Mortgages, Commercial Mortgages, Buy to Let Mortgages, Bridging/Short Term Finance, Second Charge Loans, Development Finance and Unsecured Business Loans.

  1. RESPONSIBILITY FOR ADVICE

3.1 Leodis is acting as the Client’s advisor so takes full responsibility for advice.

3.2 When introducing a Client, the Introducer is prohibited from:

3.2.1 Providing financial advice, impartial advice or conduct any regulated business in the name of Leodis.

3.2.2 Complete any further Factfind information or application forms for or on behalf of the Client in relation to this transaction.

3.2.3 Produce any marketing material without the prior approval and sign off by Leodis.

3.2.4 Holding Client Money (as per FCA guidelines and in relation to this transaction).

3.2.5 Referring any Clients that have not given their express permission for Leodis to contact them.

3.3 Leodis cannot be held responsible for the decisions, timescales and processes of any Lender approached on behalf of the Client, however will use all reasonable endeavours to source and package the loan applied for.

3.4 For the avoidance of doubt suitable advice is deemed to mean:

3.4.1 recommendation of a product from Leodis lenders product range, which is available to the Client, having taken all relevant and supplied information into account, and which can clearly be shown to be in the Client’s best interests;

3.4.2 recommendation of a product which embraces & complies with the spirit and explicit terms/conditions of applicable legislation featured within MCOB and the MCD;

3.4.3 recommendation of a product which does not result in Client detriment when compared with:

3.4.3.1 an alternative product available to the Client from Leodis lender panel;

3.4.3.2 deciding not to proceed with the loan.

3.5 For the avoidance of doubt, Leodis is under no obligation to accept business from the Introducer and may, at its absolute discretion, refuse any such business without explanation.

  1. TREATING CLIENTS FAIRLY

4.1 Both parties agree to uphold and apply the spirit & explicit terms/conditions of the principles established by the FCA known as TCF. For the avoidance of doubt these are:

4.1.1 Consumers can be confident that they are dealing with firms where the fair treatment of Clients is central to the corporate culture.

4.1.2 Products and services marketed and sold in the retail market are designed to meet the needs of identified consumer groups and are targeted accordingly.

4.1.3 Consumers are provided with clear information and are kept appropriately informed before, during and after the point of sale.

4.1.4 Where consumers receive advice, the advice is suitable and takes account of their circumstances.

4.1.5 Consumers are provided with products that perform as firms have led them to expect, and the associated service is of an acceptable standard and as they have been led to expect.

4.1.6 Consumers do not face unreasonable post sale barriers imposed by firms to change product, switch provider, submit a claim or make a complaint.

  1. COMMISSION

5.1 Commission to be paid to the Introducer will vary by product range and the service offered. There will also be occasions where the standard remuneration differs to accommodate unusual circumstances. Commission will be confirmed with the Introducer prior to completion of the loan.

5.2 In every case Introducer agrees and authorises Leodis to receive any fees or lender commissions relating to transactions under this agreement and to pass the agreed share on to the Introducer.

  1. INTRODUCER OBLIGATIONS

6.1 The Introducer does not hold FCA permissions and is providing the referral solely as an ancillary service to its main business.

6.2 The Introducer will nonetheless comply with all relevant regulations from the FCA and other bodies for the sale and promotion of products and conduct its business in a clear, fair and not misleading way.

6.3 The Introducer warrants that it has on every occasion obtain appropriate permission for Client details to be passed to Leodis and its panel of providers.

6.4 The Introducer shall be responsible for any complaints or disputes for which it is involved, and will inform Leodis of any complaints which Leodis may reasonable expect to be notified.

6.5 The Introducer shall cooperate fully with Leodis at all times and at no time do anything which may bring Leodis or any related party into disrepute.

  1. DATA PROTECTION

7.1 The Introducer understands and accepts its responsibilities under the Data Protection Act 1998 and subsequent General Data Protection Regulation.

7.2 For the purposes of this agreement, each party shall remain in its own right a Data Controller/Processor in relation to Personal Data it collects in the course of its own business and these responsibilities cannot be delegated or referred.

7.3 In the event of a data breach impacting on the other party, notification must be made within 24 hours.

7.4 By submitting information to Leodis, the Introducer accepts that it has explicit consent from the client to process and use this data in accordance with the intended purpose, and that it has explicit consent to pass this data to Leodis.

7.5 Any requests to be forgotten should be referred to Leodis at the earliest convenience and will be handled in line with our Data Protection Policy.

7.6 Information related to the client (which may include Sensitive Personal Data) will be held for the specific purposes of the loan application and our subsequent legislative and regulatory requirements. Information related to the Introducer will be held for our legitimate business interests and legislative and regulatory requirements.

7.7 Further information is available from our website www.Leodissf.com/customer-privacy-policy or by calling us on 01274 028019.

  1. LIABILITY

8.1 Both parties are responsible for their own adherence to and therefore breaches of relevant law, and shall have no liability to the other, to the fullest extent permissible by law, under any circumstances for a breach by the other party of any legislation applicable to the provision of the products & services covered by this agreement.

8.2 Any liability is capped at losses which are foreseen, reasonable and direct, save for any breach of regulation/statute where liability is capped at £1m.

8.3 Nothing in this agreement shall limit or exclude Leodiss liability for any act which cannot be limited by law.

  1. VARIATION

9.1 Leodis reserves the right to vary this Introducer Agreement insofar as all and any circumstances and activities that may impact on Leodis’s stated business, adversely or otherwise, whether or not to the advantage or otherwise of the Introducer, and/or as required by the Financial Conduct Authority, recognised professional bodies or other statutory regulators.

9.2 No variation shall affect contracts made prior to the time of variation.

9.3 Not less than thirty days’ notice shall be given to the Introducer of and prior to a variation.

  1. TERMINATION

10.1 Either party may terminate this Agreement by not less than fourteen days’ written notice without penalty. Such termination shall not affect the rights or obligations of either party in respect of business already completed by Leodis for Clients introduced by the Introducer.

10.2 The agreement will end with immediate effect should the Introducer be declared insolvent by way of formal action, or the firm possibility of formal action designed to pursue insolvency.

10.3 The agreement will end with immediate effect should the Introducer be considered untrustworthy by virtue of formal regulatory body action, the threat of such action or abuse of any of the terms & conditions of this agreement.

10.4 In the event of termination Introducer pipeline remuneration on applications being processed in accordance with the terms & conditions of this agreement will be honoured.

10.5 All provisions expressed or intended to survive termination shall continue in full force & effect.

  1. CONFIDENTIALITY

11.1 Each party undertakes that it may disclose confidential information arising from the relationship created by this agreement to employees, officers, representatives or advisers of it only for the purposes of carrying out its obligations under this agreement.

11.2 Each party undertakes to the other that it shall not at any time during the term of the agreement, or for a period of 5 years following termination of the agreement, disclose to any person or body other than those described in 11.1 concerning the business affairs, Clients and suppliers of the other party.

11.3 Each party may waive the obligations of clause 11.2 only in exceptional circumstances for example a legitimate request by a court of law, government or regulatory body. The provisions of the Data Protection Act and any subsequent legislation will apply at all times

  1. COMMERCIAL IDENTITY

Nothing in this agreement creates or shall be deemed to create a partnership, or relationship of employer and employee, or principle and agent between the two parties. For the avoidance of doubt this does not confer the status of Introducer Appointed Representative, Appointed Representative or other status denoting a relationship regulated by the FCA.

  1. GOVERNING LAW

13.1 These terms of business shall be governed and construed in accordance with English Law.

Step 1 of 2
Type your name in the box above to confirm