An IMFPA, or Irrevocable Master Fee Protection Agreement, is a document used in commodity transactions to record which intermediaries are owed a commission and how much. When a paymaster pays commissions, the IMFPA is usually the document it follows.

What an IMFPA should contain

  • The transaction it relates to, identified clearly (product, quantity, contract reference).
  • Each beneficiary's full legal name and, for companies, the registered company name.
  • The commission for each beneficiary, as an amount or a rate per unit, and whether it applies to each delivery or only the first.
  • Each beneficiary's bank details, in the beneficiary's own name.
  • Who pays the commissions (usually the seller) and when.
  • Signatures of the paying party and the beneficiaries.

"Irrevocable" is not a guarantee

The word "irrevocable" in the title does not by itself make a commission collectible. Whether the agreement can be enforced depends on the facts, the governing law, and whether the transaction actually closes and is paid. A paymaster can pay only from funds it actually receives.

Mistakes that delay payment

  • Names on the IMFPA that do not match the beneficiary's identification or bank account.
  • Bank details that are later changed by email.
  • Commission totals that do not match the funds actually paid.
  • Unsigned or partly signed copies.

Before relying on an IMFPA, have it reviewed by your own lawyer.

This article is general information, not legal advice for your situation, and does not create an attorney client relationship. Laws change; please consult an attorney about your own transaction.