Contractor Agreement Template for Loan Writers

Prepare the Loan Writer Agreement

This contractor agreement template records an ongoing engagement between a brokerage and a loan writer's contracting entity. It produces an editable agreement with separate service, remuneration and exit schedules. A separate confidentiality editor supplies schedule F.

Start with your agreed terms or select Load example for a fictional sample independent contractor agreement. Paperbark Lending and River Loan Services are invented businesses. Their sample splits demonstrate the document and are not recommended commercial terms.

Each labelled input supplies its corresponding document section. Parties and engagement details appear at the start. Services become schedule A, commission becomes B, trail roles become C, clawback becomes D and exit becomes E. Expenses and confidentiality supply F. Empty inputs remain identified as incomplete. A filled input can still contain unfinished details, so read every schedule.

Contractor or Employee

An independent contractor agreement records the parties' intention. Its label and an ABN do not establish employment or tax status. This template is not issued or endorsed by Fair Work.

The Fair Work Ombudsman's independent contractor guidance explains which relationship test applies. The whole of relationship test considers the contract and how the work happens in practice. The start of relationship test focuses on the agreed rights and obligations. Business type, location and relevant work period affect the applicable test. Control, delegation, financial risk and working arrangements can affect the assessment. This generator does not choose that test or classify your writer.

Tax and superannuation need separate attention. Use the ATO's employee or independent contractor guidance for the tax assessment. The ATO's contractor superannuation guidance explains that contractors paid wholly or principally for their labour can be employees for superannuation purposes. An invoice alone does not settle that obligation.

In a direct engagement, the brokerage contracts with the writer or the writer's entity for the agreed services. With labour hire, a supplying business arranges a worker for a host. The host pays the supplier, which pays the worker. The host commonly directs day-to-day work. The Fair Work labour-hire guidance explains the parties' roles. State rules can also apply: the Victorian Labour Hire Authority's host guidance covers that state's licensing framework. Neither document label decides classification.

Choosing Employee or Labour hire stops document exports. Those arrangements need different documents. Choose Contractor only to record the intended direct contractor engagement.

Duties, Authority and Client Records

Define permitted tasks and the included files before the writer starts. State whether the writer can collect information, prepare applications or lodge them. Name the supervisor and record service standards, client-source categories and file handover requirements.

Enter the licence holder and relevant authorisation details alongside the work limits. ASIC's credit representative guidance explains written authorisations and the activities they cover. A brokerage agreement itself grants no credit licence or representative authorisation. Match supervision and approval arrangements to the actual licence structure.

An external contractor supplies services without automatically becoming a brokerage owner. Name the individual doing the work separately from the legal entity receiving payment. When the writer becomes a joint owner, use partnership agreement terms for ownership decisions. When two independent businesses cooperate on a particular client file, the co-broker agreement template addresses that shared-file relationship.

The contractor non-disclosure agreement is an editable confidentiality schedule within this engagement. Identify protected client, financial and commission records. State permitted use and access permissions, authorised disclosures, incident reporting and return or deletion at exit. Address lawful retention and continuing confidentiality. Different recipients or disclosures can require additional terms.

Commission, Trail Ownership and Clawback

Record upfront commission and trail separately. Each needs its own percentage or fixed fee, calculation base, deductions and GST treatment. Define the payment event, deadline and supporting statement or invoice. A settlement event and receipt of aggregator commission are different payment triggers.

In the fictional example, the writer receives 60% of upfront commission after aggregator deductions, excluding GST. A $4,500 net receipt therefore produces a $2,700 share before any GST payable. Trail is 25% on the same basis, so a $240 trail receipt produces $60. A chosen 0% trail entitlement remains zero in the document.

Contractual trail entitlement is separate from client relationships, record custody and servicing duties. The entity receiving an aggregator payment can owe an agreed share to another entity. Name every role explicitly, including who services the client after exit.

Write the lender reversal events and the contractor's allocated share in the clawback schedule. Require the statement and loan reference that support each adjustment. Set notice, dispute and recovery procedures. The mortgage broker commission clawback guide explains the reversal events that a payment clause needs to address.

Termination and the Final Payment Schedule

The exit schedule connects notice with pending files, unpaid commission and later trail. It records the agreed outcome for each entitlement. Ending the services does not itself specify whether every payment right ends.

In the fictional example, one application settles after the writer leaves. The agreed pending-settlement clause preserves the upfront split for that file. When the brokerage receives $4,500 net commission, the contractor's 60% share is $2,700. The 14-day payment period starts on receipt and the required invoice.

An existing loan produces $240 net trail after exit. The example expressly continues the 25% entitlement, so the contractor receives $60 while Casey handles servicing. A later $1,000 upfront reversal produces a $600 allocation under the example's 60% clawback clause. The brokerage supplies evidence and follows notice and dispute terms before recovery.

Keep these items separate in the final account. List the pending settlement, accrued unpaid shares, future trail and unresolved reversals. Set the handover deadline and who updates the account when receipts or debits arrive later.

Edit and Print the Contract

This free contractor agreement sample is a starting document for the engagement you enter. Complete missing terms and obtain advice on your arrangement before signing. A simple contractor agreement cannot cover every licensing, employment or disclosure situation.

Edit the agreement or its confidentiality schedule directly. Editing either stops form changes from replacing both documents. Discard edits and rebuild applies the current form again. Copy complete agreement and Download text file use both displayed documents, including your edits. The separate copy button copies only the confidentiality schedule.

Print or save PDF opens the browser print dialog with the agreement and all schedules. Check the payee and trail entitlement holder against the role schedule before signing. Your entries remain in this browser and disappear when the page reloads.