Standard Operating Procedure for Trade Facilitators
Facilitator / Agent: _____________________________________________
Principal: _____________________________________________
Mandate Reference: _____________________________________________
Commission Rate: ______% of _____________
Protocol Version: _____________________________________________
Effective Date: _____________________________________________
This Protocol establishes the standard procedure for calculating, invoicing, tracking, and collecting commissions earned under trade facilitation mandates. It applies to all commission-only arrangements between All Frontier Global Nexus and its Principals. Adherence to this Protocol ensures timely collection, clean records, and protection of commission rights throughout the tail period.
SECTION 1 — COMMISSION TRIGGER EVENTS
A commission becomes due and payable upon the occurrence of the agreed Commission Trigger Event as defined in the mandate agreement. The following are the standard trigger events used in All Frontier Global Nexus mandates:
Standard trigger for All Frontier Global Nexus mandates: T1 (Receipt of Payment) is the default trigger unless the mandate agreement specifies otherwise. This ensures commission is only due when the Principal has actually been paid — aligning the facilitator's interest with the Principal's commercial success.
SECTION 2 — COMMISSION CALCULATION
2.1 Calculation Base
Commission is calculated on the agreed base value as specified in the mandate agreement:
2.2 Calculation Formula
Commission Amount = Base Value × Commission Rate (%)
Example: FOB value of EUR 150,000 at a commission rate of 3% = EUR 4,500 commission due.
2.3 Currency
Commission is invoiced and payable in the currency of the underlying transaction unless the mandate agreement specifies otherwise. Where the underlying transaction is in USD or EUR, the commission invoice is in the same currency. Where the Principal is an Indian entity paying in INR, the commission may be invoiced in INR at the prevailing RBI reference rate on the invoice date.
2.4 Repeat Orders Within Tail Period
Commission is payable on every transaction between the Principal and the Introduced Party that occurs within the tail period (typically 24 months from the date of introduction), regardless of whether the facilitator is actively involved in the subsequent transaction. Each new purchase order, shipment, or invoice within the tail period triggers a commission calculation on that transaction's base value.
SECTION 3 — COMMISSION INVOICE PREPARATION
A commission invoice must be prepared and issued promptly upon the occurrence of the commission trigger event. The following fields are mandatory on every commission invoice:
SECTION 4 — COMMISSION TRACKING REGISTER
Every commission earned must be recorded in the commission tracking register. Maintain one register per mandate. Update immediately on each commission trigger event.
SECTION 5 — COLLECTION PROCEDURE AND ESCALATION
5.1 Normal Collection
Issue commission invoice within 7 days of trigger event.
Follow up by email or WhatsApp on Day 15 if payment not received — polite payment reminder referencing invoice number and due date.
Second follow-up on Day 30 — formal written reminder. Request confirmation of payment date.
Day 45 — if still unpaid, escalate to senior relationship manager. Direct call with Principal's finance director.
Day 60 — formal letter before action: written notice referencing mandate agreement, commission amount outstanding, accrued interest (if interest clause in agreement), and intention to pursue formal remedies if not paid within 14 days.
5.2 Dispute Resolution
If the Principal disputes the commission invoice — whether on grounds of trigger event, calculation, or mandate scope — the following procedure applies:
Written dispute notice: Principal must raise any dispute in writing within 14 days of receiving the commission invoice. Verbal disputes are not recognised.
Internal review: Facilitator reviews the dispute against the mandate agreement and deal register. Response issued within 14 days of dispute notice.
Escalation: If dispute is not resolved within 30 days of the dispute notice — escalate to the dispute resolution mechanism specified in the mandate agreement (negotiation → mediation → arbitration or court as agreed).
Partial payment: If part of the commission is not in dispute, the undisputed amount must be paid by the due date. Dispute only suspends payment of the genuinely disputed portion.
5.3 Circumvention
If the Principal concludes a transaction with the Introduced Party without involving the facilitator and without paying the agreed commission — and this transaction occurs within the tail period — this constitutes circumvention under the NCNDA and mandate agreement. The facilitator must:
Obtain evidence of the circumventing transaction — shipping records, trade databases, buyer confirmation, or other documentary evidence.
Issue a formal circumvention notice to the Principal in writing — citing the NCNDA provisions, the specific transaction, and the commission amount claimed.
Pursue recovery through the agreed dispute resolution mechanism — arbitration is strongly preferred for international circumvention claims as it produces an enforceable award across jurisdictions.
SECTION 6 — FEMA AND TAX COMPLIANCE FOR COMMISSION RECEIPTS
Foreign currency commission receipts (from non-resident Principals paying in USD, EUR, or GBP) are foreign exchange inflows subject to FEMA. The commission must be received through an Authorised Dealer bank.
FIRC (Foreign Inward Remittance Certificate): Obtain FIRC from the AD bank for each foreign currency commission receipt — essential for FEMA compliance and GST export service documentation.
GST on commission: Export of services (trade facilitation services rendered to a foreign Principal) is zero-rated under GST if: (a) the place of supply is outside India; (b) payment is received in convertible foreign exchange. Confirm zero-rating with GST adviser before raising invoices.
TDS (Tax Deducted at Source): Indian Principals paying commission to the facilitator may deduct TDS at applicable rates (typically 10% under Section 194H of the Income Tax Act for commission income). Ensure TDS credit is reflected in Form 26AS and claimed in tax return.
Income tax: Commission income is taxable in India as business income (Schedule BP) — maintain proper accounts and file returns accordingly.
SECTION 7 — COMMISSION COLLECTION CHECKLIST (PER TRANSACTION)
Doc 89 — Commission Collection Protocol — Neutral Template
| Trigger Event | Definition and Evidence Required |
|---|---|
| T1 — Receipt of Payment | Principal receives payment from the Introduced Party for goods or services supplied. Evidence: Bank statement excerpt or MT103 SWIFT confirmation showing receipt of funds from the Introduced Party's bank. |
| T2 — Let Export Order | Let Export Order (LEO) granted by Indian Customs on the Shipping Bill for the first shipment to the Introduced Party. Evidence: Shipping Bill with LEO date and number. |
| T3 — Invoice Date | Principal raises a commercial invoice to the Introduced Party. Evidence: Signed commercial invoice with invoice date and Introduced Party details. |
| T4 — Contract Execution | Principal and Introduced Party execute a binding supply agreement. Evidence: Signed supply agreement. Commission on T4 is typically a one-time success fee rather than a percentage of turnover. |
| T5 — Purchase Order Receipt | Principal receives and acknowledges a purchase order from the Introduced Party. Evidence: Acknowledged purchase order with PO number, date, and value. |
| Base | Definition |
|---|---|
| FOB Value | Free On Board value at port of shipment — the value on the Shipping Bill and commercial invoice. |
| CIF Value | FOB + freight + insurance — the value at the EU port of destination. |
| Invoice Value | The face value of the commercial invoice raised by the Principal to the Introduced Party — the most common base for service and IT mandates. |
| Contract Value | The total contracted value of the supply agreement — used for T4 success fee calculations. |
| Net Received | Funds actually received by the Principal after any deduction — used where payment is partial or where letters of credit involve bank charges. |
| Field | Content Required |
|---|---|
| Invoice Number | Sequential commission invoice number — unique identifier for each invoice. |
| Invoice Date | Date of issue — should be within 7 days of the commission trigger event. |
| Facilitator Details | Full legal name, registered address, IEC/GSTIN, bank account details (for INR payment) or SWIFT/IBAN (for foreign currency payment). |
| Principal Details | Full legal name and registered address of the Principal (the paying party). |
| Mandate Reference | Reference number and date of the mandate agreement under which the commission is due. |
| Introduced Party | Name of the Introduced Party (the buyer / EU counterparty) whose transaction generated the commission. |
| Trigger Event Description | e.g. "Receipt of payment by Principal from [Introduced Party] on [date], invoice/PO number [ref], in respect of [product] shipment." |
| Transaction Reference | Underlying transaction: commercial invoice number, Shipping Bill number, or PO number as applicable. |
| Base Value | The commission base: FOB / CIF / invoice value of the underlying transaction. |
| Commission Rate | The agreed rate as specified in the mandate agreement. |
| Commission Amount | Base Value × Rate — in the agreed currency. |
| GST / Tax | If the facilitator is GST-registered and the service is taxable in India — applicable GST rate and amount. (Export of services is zero-rated under GST if payment received in foreign currency from a foreign Principal — confirm with tax adviser.) |
| Payment Due Date | Invoice date + agreed payment period (typically 30 days). |
| Bank Details | Facilitator's account name, bank name, account number, IFSC (for INR) or IBAN + SWIFT BIC (for foreign currency). |
| Invoice No. | Invoice Date | Introduced Party | Trigger Event | Base Value | Rate % | Commission Due | Paid Date | Outstanding |
|---|---|---|---|---|---|---|---|---|
| TOTAL |
| Item | Done | Notes |
|---|---|---|
| Commission trigger event confirmed — evidence obtained and filed (bank statement, Shipping Bill, invoice, or PO as applicable). | [ ] | |
| Commission amount calculated — base value × rate confirmed against mandate agreement. | [ ] | |
| Commission invoice prepared within 7 days — all mandatory fields completed (Section 3). | [ ] | |
| Commission invoice sent to Principal — email with read receipt or registered post confirmation. | [ ] | |
| Commission tracking register updated — invoice number, date, amount, and due date entered. | [ ] | |
| Payment received by due date — bank confirmation checked. FIRC obtained from AD bank (for foreign currency receipts). | [ ] | |
| Commission tracking register updated — paid date and amount entered. Outstanding column cleared. | [ ] | |
| TDS deducted by Principal — Form 16A / TDS certificate requested if TDS deducted. | [ ] | |
| GST filing updated — commission invoice included in GSTR-1 return for the relevant period. | [ ] | |
| Mandate register updated — running total of commissions per mandate updated. | [ ] |