Linked Finance Partner Terms of Service
1.The loan application process
1.1 In order for you to make a loan application on behalf of a borrower on Linked Finance, the borrower must meet the following criteria:
(a) the business must be actively trading (not dormant) as a business, and have actively traded (not been dormant at any time) for at least two years,
(b) it must have and maintain a valid ROI bank account to facilitate repayments to lenders;
(c) if the borrower trades through a limited company, it must be registered with the Companies Registration Office and it must have filed accounts at the Companies Registration Office for the previous two consecutive financial years; company turnover must be a minimum of €100k.
(d) If the borrower trades as a sole trader, accounts must be prepared by an accountant, the turnover must be a minimum of €100k and the business name must be registered with the Companies Registration Office.
(e) you must have the authority to share information about the borrower's business with Linked Finance.
1.2 Directors and/or shareholders of a Limited company will be required to give a personal guarantee before any funds are released by us to the borrower.
1.3 In accordance with relevant Anti Money Laundering legislation issued and any other applicable laws, regulations, codes of practice and guidance relating to money laundering, Linked Fiance must complete AML verification on each borrower. You, or the borrower, must make available to Linked Finance, on request, copies of all data, documents and other information used for such verification. Documents required include proof of ID and proof of home address (dated within most recent 3 months) for all shareholders with a 25%+ shareholding of borrowing business. This information will also be used to identify the relevant shareholders of the business who will need to sign the persoal guarantees associated with the loan.
1.4 Once you make a loan application on behalf of a borrower, we will carry out credit and fraud checks on the borrower's business and its partners, members, shareholders or directors. Linked Finance uses its own internal guidelines and policies when assessing applications but has complete discretion as to whether we allow the loan application to be posted on the Linked Finance platform.
1.5 You will update us if any of the information that you provide to us changes. Linked Finance may contact the borrower directly to check the accuracy of any information, or to confirm that you are authorised to act as an agent of the borrower.
1.6 If you become aware that a borrower’s finances, business, governance structure or shareholder positions materially change prior to Linked Finance releasing funds to a borrower, you must inform Linked Finance and also inform the borrower that Linked Finance may terminate the loan immediately without notice and at its sole discretion.
1.7 Before you provide information about the borrower to us, you must confirm that you are GDPR compliant and have been granted permission by the borrower to share required information with Linked Finance. You also agree to indemnify and keep indemnified, Linked Finance against all costs, expenses, damages, loss, liabilities, demands, claims, actions or proceedings which Linked Finance may suffer or incur arising out of any breach of these obligations.
1.8 The interest rate for each loan is fixed by Linked Finance, on the basis of a number of factors including term and risk band. The fixed interest rates are reviewed regularly by Linked Finance and can be changed at any time. You must inform the borrower that once the loan offer has accepted the key contract terms and the interest rate will not be changed. You must inform the borrower that if your loan is re-listed on the Linked Finance platform at any time, it will be re-listed at the interest rate applicable at the time of the new listing.
1.9 If we agree to allow your client's application onto the Linked Finance platform, and provided your client has satisfied our application and assessment criteria and conditions, the client will have the opportunity to review and accept the Loan Offer, comprised of the financial and security details of the loan facility. Acceptance of the offer by your client confirms their intention to take the loan, subject to successful funding, and makes them liable to pay the Linked Finance fees quoted in the offer.
1.10 Upon offer acceptance by the borrower, a loan request page will be displayed on the Linked Finance platform. The loan documentation will contain the name of the borrower's business, a brief business profile created by Linked Finance along with financial information taken from documents submitted by either you, the borrower or both parties.
1.11 Once the loan request page is listed, prospective lenders will start bidding to contribute to the total loan amount that the borrower has requested.
1.12 The listing process shall expire on the earlier of (i) the date the borrower's loan request is funded and (ii) the date falling 14 calendar days after the date the listing is commenced (unless otherwise extended by Linked Finance in its absolute discretion).
1.13 Personal guarantee must be provided as part of the standard loan contract. The borrower, directors, shareholders and members must represent and warrant that there has been no undue influence or inducement of the guarantor. You must inform the borrower of personal guarantee requirements before the loan offer is accepted.
1.14 Linked Finance's principal role is to perform introductory functions on behalf of borrowers and lenders in order to bring together prospective borrowers and lenders, to provide a streamlined process for entering into loans (including the development of standard form loan agreements) and to facilitate the payment and collection of sums due under or in connection with those loans (including certain limited actions upon a borrower's default as set out in these terms and conditions).
1.15 A Loan Contract is not formed unless and until the loan request is fully funded and the funding process is complete. Upon completion, a contract will be issued to borrowers and once signed, will come immediately enforceable. Funds will only be transferred once the contract is received and required AML documentation is provided.
1.16 If the loan is not fully funded within the relevant listing period, or if we have exercised our discretion to de-list a loan, then the loan request can be cancelled, and any funds bid can be released back to lenders. If your client does not return the loan contract within five working days of the loan request being fully funded, the loan request can be cancelled and any funds bid will be released to lenders.
1.17 Each loan will be for the period specified in the Loan Contract applying to it.
2.1 A completion fee of the amount specified in the Loan Offer will be payable once the offer has been accepted by the borrower, relevant documents received and loan funded. We will deduct the completion fee from the amount borrowed before it is transferred to the borrower's account. Alternatively, if the borrower accepts the loan offer but decides not to draw down the funds raised, an invoice will be issued for the fee amount.
3.1 Commission fees will be agreed in advance between Linked Finance and the referral partner before any offer is sent to the borrower. You may also wish to waive your commission fee and pass the saving on to your borrower. In such instances, the agreed commission will be deducted from the borrower's overall fee.
3.2 If a borrower asks you for the amount of the fee charged by you, you must provide this information.
3.3 Applicable commission fees will be paid to partners within 30 days of receipt of a valid invoice for the agreed commission amount.
4. Brokers/Partnership agreements with Linked Finance
4.1 By completing a loan application on behalf of a borrower you warrant to Linked Finance that you are GDPR compliant and have authority from the borrower to perform all the acts that you will be performing on the borrower's behalf, including without limitation:
authority to set up a Linked Finance loan account for the borrower;
4.2 You warrant to Linked Finance that you have made each borrower for whom you will be managing loan applications using the Linked Finance platform and the services provided via the platform, aware of all the terms included in these terms and conditions which relate to their loan application and any loan which they might obtain using the loan application process, including without limitation the fact that you will be paid commission (if any) by Linked Finance and the level of such commission, and that in doing so you have not misrepresented Linked Finance’s role in the process.
4.3 In making a loan application on behalf of a borrower, you warrant that you are not aware of any circumstances that would mean that the borrower will be unable to repay the loan.
4.4 Membership of Linked Finance does not in any way constitute an obligation on us to procure funding for any borrowers whom you represent nor constitute a warranty by us that funding will be available to such borrowers.
4.5 You acknowledge and agree that you are not an agent of Linked Finance and will not hold yourself out to be our agent. You acknowledge that you may not make any representations or give any warranty on behalf of Linked Finance nor have the authority to enter into any agreement on behalf of us or otherwise bind Linked Finance.
4.6 You agree to indemnify and keep indemnified, Linked Finance against all costs, expenses, damages, loss, liabilities, demands, claims, actions or proceedings which Linked Finance may suffer or incur arising out of your breach of the warranties and obligations contained in these terms and conditions.
4.7 You agree that you will repay to Linked Finance any commission paid to you in relation to a loan if the borrower for whom you are acting as agent fails to make the first six payments due under the Loan Contract. You agree that Linked Finance will be entitled to recover such commission from by suitable means