Referral fee rules by profession: which rule applies to you and what to check first
Referral fee rules depend on your profession, not on the referral program. Lawyers check their state's versions of ABA Model Rules 1.5, 5.4, 7.2 and 1.8; CPAs check AICPA ET 1.520 and their state board; registered representatives check FINRA rules with their firm; insurance producers and bankers check state law and employer policy.
The verdict in brief
Your profession decides the rule, not the referral program. Lawyers, CPAs whose firms perform attest work, registered representatives and bank employees face the tightest limits: depending on the client relationship, a referral reward may be barred, or may need written consent, disclosure or employer approval. Consultants, coaches, fractional executives and operators generally face no profession-wide fee rule, but contracts, employer policies and advertising disclosure guidance still apply. Whatever your role, read the primary source for your profession before you accept any SourceX reward.
This is general information, not legal, tax or financial advice. Rules change and vary by state; confirm with your own counsel, tax adviser or professional body before acting.
Side by side: the primary rule for each profession
| Profession | Primary rule source | What the rule addresses | Question to answer first | More for this role |
|---|---|---|---|---|
| Lawyers | Your state's versions of the ABA Model Rules 1.5, 1.8, 5.4 and 7.2 | Dividing fees, business transactions with clients, sharing fees with nonlawyers, paying for recommendations | What does my state's version require, and what must the client know and agree to? | Business attorneys |
| CPAs in public practice | AICPA Code ET 1.520 and 1.510, plus your state board's rules | Commissions and referral fees, contingent fees, disclosure | Does my firm perform attest services for this company? | Your firm's ethics partner |
| Registered representatives | FINRA Rule 3290, replacing Rules 3270 and 3280, and Rule 2040 | Outside activities; payments by member firms to unregistered persons | Has my firm reviewed and approved this outside activity? | Your firm's compliance team |
| M&A advisors and business brokers | Exchange Act Section 15, including the 15(b)(13) M&A broker exemption | Broker registration for securities transactions; an exemption limited to certain company-sale transactions | Is any of my activity a securities transaction, and is the SourceX reward separate from it? | Your securities counsel |
| Insurance producers | Your state's insurance code and department rules; agency and carrier contracts | Producer compensation and disclosure, which vary by state | Does my state or agency restrict outside referral income? | Commercial insurance brokers |
| Commercial bankers | Your bank's code of conduct and the federal bank-bribery law it reflects | Things of value received in connection with bank business | Has compliance approved this in writing? | Commercial bankers |
| Business coaches | Your credentialing body's code of ethics, if you hold a credential; client agreements | Conflicts of interest and compensation from third parties | Have I told the client about the arrangement? | Business coaches |
| Consultants, fractional executives, operators | No profession-wide fee rule; the FTC's Endorsement Guides FAQ for public recommendations; your contracts | Disclosure of paid recommendations; conflicts under engagement or employment terms | Does my engagement letter or employment contract restrict this? | Your own contracts |
We have not linked rule text for the insurance, banking and coaching rows because it differs by state, by bank and by credentialing body. Get the current text from your state insurance department, your compliance team or your credentialing body.
Where the rules are tightest
Lawyers
Model Rule 5.4(a) says a lawyer or law firm shall not share legal fees with a nonlawyer, subject to narrow exceptions, and the ABA's state variations chart for Rule 5.4 shows how states differ. Rule 1.5(e) lets lawyers in different firms divide a fee only if the split is proportional to services or each lawyer takes joint responsibility, the client agrees in writing, and the total is reasonable (Rule 1.5 variations). Rule 7.2 deals with giving value for recommendations, and the ABA's chart of state advertising rule differences shows how far states depart from the model.
Where a lawyer would hold a financial interest connected to a client matter, Rule 1.8(a) permits a business transaction with a client only on fair and reasonable terms disclosed in writing, with written advice to seek independent counsel and the client's signed informed consent (Rule 1.8 variations). A SourceX reward is a share of SourceX's fee, not a legal fee, but a lawyer still has to assess it under the rules of every state where they are licensed.
CPAs in public practice
Under ET 1.520, a member in public practice may not accept a commission for recommending a product or service to a client when the member or firm also performs an audit, review, certain compilations or an examination of prospective financial information for that client, and permitted commissions and referral fees must be disclosed. ET 1.510 applies a similar attest-client restriction to contingent fees, as the NYSSCPA's contingent fee explainer sets out. State rules can be stricter: the New Jersey Society of CPAs' guide is one example of a state regime that differs from the AICPA Code. How a particular reward is classified under the Code is a question for your firm's ethics resources and your state board.
Registered representatives
FINRA reported that the SEC approved new Rule 3290 on outside activities on September 15, 2026, replacing Rules 3270 and 3280; FINRA will announce the effective date in a Regulatory Notice, and until then the existing rules apply. Rule 2040 bars member firms and their associated persons from paying compensation to an unregistered person who would need to register to receive it. It governs FINRA members, not SourceX, but it is one more reason to involve your firm's compliance team before registering.
Bank employees
Commercial bankers typically work under a code of conduct that restricts accepting anything of value connected with customers or bank business. Treat outside referral income as something compliance must approve in writing, and do not introduce a borrower whose relationship you manage until that approval is in hand.
Where disclosure is the main duty
Insurance producers
Producer compensation and disclosure rules are set state by state and through agency and carrier contracts. Ask your agency principal and check your state insurance department's guidance before registering, and tell the client about the arrangement in writing.
M&A advisors and business brokers
Exchange Act Section 15(a) generally requires brokers effecting securities transactions to register, and Section 15(b)(13), effective March 29, 2023, exempts certain M&A brokers handling the transfer of ownership of an eligible privately held company. That exemption concerns securities transactions in company sales. It is not a general finder or referral exemption and does not address data-licensing introductions. Separately, the SEC proposed a conditional exemption for finders in 2020 but did not finalize it, as its July 2025 advisory committee notice confirms. If you also work on capital raises or company sales, ask securities counsel how your activities fit together.
Coaches, consultants, fractional executives and operators
Most of these roles have no profession-wide referral fee rule, so the duties come from contracts and disclosure. If you recommend SourceX publicly, in a newsletter, post or talk, the FTC's guidance says a connection that people would not expect and that would affect how they weigh the recommendation should be disclosed clearly and close to the recommendation. In private introductions, telling the owner about the reward is simply good practice. Check engagement letters, employment agreements and any non-solicitation terms as well.
How the SourceX reward fits these rules
Partners earn 25% of the eligible platform fees SourceX actually collects from the referred company's licensing deals, capped at $100,000 per referred company. Rewards become payable only after the buyer pays and SourceX receives its fee; a lead, meeting or signed agreement alone does not trigger payment, and no reward is guaranteed.
Three facts matter when you test the reward against your rules:
- The reward is a share of SourceX's fee and is never deducted from what the referred company receives.
- The partner makes the introduction and gives basic fit information only; partners never export, upload or describe confidential records.
- Anyone can join from any supported country, and licensed professionals are expected to check their own rules on referral fees and disclosure.
The referral fee agreement explainer covers what a written referral arrangement usually sets out.
Before you register: a five-point check
- Identify every license, registration and credential you hold, and the rule source for each.
- Read the current rule text, not a summary or a blog post.
- Check your employer's or firm's policy, and get written approval where it is required.
- Decide how and when you will disclose the reward to each company you introduce.
- Check your relationship with the company: are you its auditor, counsel, banker, broker or adviser of record?
If your rules bar the reward or make it impractical, the company can still apply on its own at sourcex.si/apply. For the threshold licensing question, see do you need a license to receive a referral fee, and for the judgment call beyond the rules, the four-question ethics test.
Next step
Find your row in the table, read the linked source, and settle the five-point check with your compliance team or professional body. Once you are clear, register as a partner.
Common questions
Which professions cannot accept referral fees at all?
No single rule bans referral fees across every profession. The sharpest limits fall on CPAs whose firm performs attest services for the client, on lawyers under their state's fee-sharing and conflict rules, and on bank employees and registered representatives who need employer approval. Most other advisers mainly face disclosure and contract duties. Read the rule for your own license before accepting anything.
Does disclosing a referral fee make it acceptable?
Disclosure is often required but is not always enough. Under the AICPA Code, permitted referral fees must be disclosed, yet an attest relationship can rule out a commission regardless of disclosure. Lawyer rules can require fair terms, written advice and signed informed consent. Treat disclosure as necessary but check whether your rule also demands consent or bars the payment.
Do these rules apply if I live outside the United States?
SourceX partners can be based in any supported country, while the companies they introduce must be in the US. Your obligations come from where you are licensed and employed and from your contracts, so a non-US accountant or lawyer should check the home regulator's rules, and a US-licensed professional living abroad still answers to the US licensing body.
Is a SourceX reward a finder's fee under securities law?
The SEC proposed a conditional finder exemption in 2020 for people helping issuers raise capital, but never adopted it, and it concerned securities offerings rather than data licensing. Whether any securities rule touches your activity depends on what you actually do. If you also work on capital raises or company sales, ask securities counsel before registering.
What records should a licensed professional keep about a referral reward?
Keep a copy of the program terms you accepted, any written approval from your employer or firm, the disclosure you gave the company and when, and a note of your relationship with the company at the time. Those records answer most questions a regulator, professional body or client is likely to ask later.
Related pages
- How business attorneys can introduce clients to data licensing, ethics first
- How commercial insurance brokers can refer clients for data licensing
- Referral program for commercial bankers: value beyond the loan, compliance first
- Referral program for business coaches who work with owner-CEOs of established companies
- What is a referral fee agreement?
- Do you need a license to receive a referral fee? It depends on what you refer
Free resources
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- Business valuation calculator — Enterprise and equity value from EBITDA, your multiple, cash and debt.
- All free tools · MCP resource center
By SourceX Partnerships Team · Published 2026-10-09 · Updated 2026-10-09
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