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Broker Non Circumvention Agreement

Broker Non Circumvention Agreement Template for Malaysia

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Key Requirements PROMPT example:

Broker Non Circumvention Agreement

"I need a Broker Non-Circumvention Agreement for my real estate brokerage firm in Kuala Lumpur, specifically to protect our interests when introducing international property investors to local developers; the agreement should be valid from January 2025 and include strong confidentiality provisions."

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Document background
The Broker Non-Circumvention Agreement is essential in the Malaysian business landscape where brokers and intermediaries play crucial roles in facilitating commercial transactions. This document becomes necessary when a broker introduces parties for potential business dealings and needs to protect their interests and right to compensation. It establishes legally binding obligations under Malaysian law to prevent introduced parties from bypassing the broker in current or future transactions. The agreement typically includes specific provisions for confidentiality, commission structures, and enforcement mechanisms, all crafted to comply with Malaysian legal requirements, including the Contracts Act 1950 and relevant commercial regulations. It's particularly vital in sectors such as real estate, international trade, and financial services where broker relationships are common and valuable business opportunities need protection.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement, including the broker, principal, and any other relevant parties

2. Background: Sets out the context of the agreement and the general business relationship between the parties

3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Circumvention', 'Commission', and 'Transaction'

4. Scope of Agreement: Defines the business activities, territories, and transactions covered by the agreement

5. Non-Circumvention Obligations: Details the specific obligations to not bypass or circumvent the broker in any covered transactions

6. Confidentiality Obligations: Specifies the obligations regarding confidential information and trade secrets

7. Commission Structure: Outlines the broker's compensation terms and payment mechanisms

8. Term and Termination: Specifies the duration of the agreement and conditions for termination

9. Governing Law and Jurisdiction: Establishes Malaysian law as governing law and specifies jurisdiction for disputes

10. General Provisions: Standard boilerplate clauses including notices, amendments, and severability

Optional Sections

1. Specific Transaction Provisions: Used when the agreement relates to specific identified transactions rather than general business activities

2. International Provisions: Required when parties are from different jurisdictions or transactions involve cross-border elements

3. Digital Communications: Added when parties primarily conduct business through electronic means

4. Non-Solicitation: Including when parties want to prevent solicitation of employees or clients

5. Dispute Resolution: Optional detailed ADR procedures, including mediation and arbitration processes

6. Force Majeure: Added when parties want specific provisions for unforeseen circumstances affecting performance

Suggested Schedules

1. Schedule 1 - Covered Transactions: Lists specific transactions, deals, or business opportunities covered by the agreement

2. Schedule 2 - Commission Rates: Detailed breakdown of commission structures for different types of transactions

3. Schedule 3 - Confidential Information: Specific listing of what constitutes confidential information under the agreement

4. Schedule 4 - Authorized Representatives: List of authorized representatives for each party who may conduct business under the agreement

5. Appendix A - Communication Protocols: Details the agreed methods and protocols for business communications between parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions






























Clauses






























Relevant Industries

Real Estate

Financial Services

International Trade

Commodities

Business Consulting

Mergers and Acquisitions

Investment Banking

Commercial Property

Import/Export

Insurance

Securities Trading

Business Brokerage

Relevant Teams

Legal

Compliance

Business Development

Commercial Operations

Finance

Risk Management

Corporate Affairs

Procurement

Sales

Business Strategy

Relevant Roles

Business Broker

Real Estate Agent

Financial Intermediary

Business Development Manager

Commercial Director

Legal Counsel

Compliance Officer

Contract Manager

Chief Executive Officer

Chief Financial Officer

Business Consultant

Investment Banker

Trade Broker

Commercial Manager

Partnership Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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