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Broker Referral Agreement Template for Malaysia

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Key Requirements PROMPT example:

Broker Referral Agreement

"I need a Broker Referral Agreement for my wealth management firm in Malaysia, establishing a referral arrangement with independent financial advisors who will refer high-net-worth clients to us, with a tiered commission structure based on investment amounts."

Document background
The Broker Referral Agreement is essential for businesses operating in Malaysia's financial services sector where referral arrangements form a crucial part of client acquisition strategies. This document is typically used when establishing formal referral relationships between licensed brokers or intermediaries and financial service providers, ensuring compliance with Malaysian regulatory requirements. The agreement covers crucial elements including commission structures, referral procedures, compliance with the Capital Markets and Services Act 2007, data protection under PDPA 2010, and anti-money laundering regulations. It's particularly relevant for organizations seeking to expand their client base through regulated intermediary channels while maintaining regulatory compliance and proper documentation of referral arrangements.
Suggested Sections

1. Parties: Identification of the referring party (broker) and the recipient of referrals, including their registered addresses and company registration numbers

2. Background: Context of the agreement, including the nature of the recipient's business and the broker's desire to refer potential clients

3. Definitions: Key terms used throughout the agreement, including 'Referral', 'Successful Referral', 'Commission', and 'Confidential Information'

4. Appointment and Scope: Terms of the broker's appointment and the scope of referral services

5. Regulatory Compliance: Obligations to comply with Malaysian laws, including Capital Markets and Services Act 2007 and Financial Services Act 2013

6. Referral Process: Detailed process for making and accepting referrals, including documentation requirements

7. Commission Structure: Terms of payment, calculation of commission, and payment procedures

8. Representations and Warranties: Parties' confirmations regarding their capacity, authority, and compliance with laws

9. Confidentiality: Obligations regarding confidential information and compliance with Personal Data Protection Act 2010

10. Term and Termination: Duration of the agreement and circumstances for termination

11. General Provisions: Standard clauses including notices, amendments, governing law, and dispute resolution

Optional Sections

1. Non-Compete: Restrictions on broker's ability to refer to competitors, used when exclusivity is required

2. Marketing and Branding: Guidelines for use of parties' brands and marketing materials, included when broker will engage in promotional activities

3. Training and Support: Details of any training or support provided to the broker, included when comprehensive onboarding is required

4. Performance Targets: Minimum referral requirements or targets, included when specific performance levels are expected

5. Insurance Requirements: Professional indemnity insurance obligations, included for high-value or regulated services

6. Data Protection Officer: Appointment and duties of data protection officers, included when extensive personal data processing is involved

Suggested Schedules

1. Commission Rates: Detailed breakdown of commission structures and calculations for different types of referrals

2. Referral Documentation: Templates and forms required for making referrals

3. Compliance Requirements: Specific regulatory requirements and compliance procedures

4. Territory Definition: Geographic areas or market segments covered by the agreement

5. Approved Marketing Materials: Pre-approved marketing content and usage guidelines

6. Service Level Agreement: Performance standards and response times for handling referrals

Authors

Alex Denne

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

Relevant legal definitions
























Clauses






























Relevant Industries

Financial Services

Banking

Insurance

Real Estate

Securities Trading

Investment Management

Corporate Finance

Wealth Management

Property Development

Fund Management

Relevant Teams

Legal

Compliance

Business Development

Sales

Operations

Risk Management

Partner Relations

Commercial

Channel Management

Client Services

Relevant Roles

Compliance Officer

Legal Counsel

Business Development Manager

Relationship Manager

Chief Operating Officer

Risk Manager

Operations Director

Sales Director

Partnership Manager

Broker Relations Manager

Compliance Manager

Commercial Director

Channel Manager

Financial Services Director

Business Development Director

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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