Advisor proposal & fees
"The option that Amergeris includes your advisory fees in its proposal to XYZ does not work. For the reasons already mentioned, they don't want to do that.
As an initiator, respectively advisor, you are a contractual party and point of contact of Amergeris for these notes. Obviously, the client will sign a loan agreement with the compartment and thus has its obligations. Remko could have the client sign additionally a cost transfer agreement to take you out of the immediate fire line. However, if at the end the client goes bankrupt or engages in fraudulent activity, you as the initiator will still remain jointly liable for the costs versus Amergeris. In the aforementioned cost transfer agreement, the ongoing fees are divided into administrative and advisory fees for transparency reasons.
We can also issue the already created proposal directly to XYZ, but you would then have to invoice your initial and ongoing advisory fees separately to the client. The ongoing advisory fees could be included in the yield spread if the end client wishes so (e.g. on the basis of an agreement with you stating that you are entitled to these fees). Then you would receive your share directly from the service provider.
Amergeris could have a look at your proposal structure for your client, but as far as the fees charged are concerned, it is your commercial decision as advisor towards your client. If you overcharge for your services and the client complains one day, you need to explain yourself to the client.
I hope that these further explanations will help you to make a better decision on how to proceed. Please let us know about your further plans."