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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."
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
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
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
Financial Services
Banking
Insurance
Real Estate
Securities Trading
Investment Management
Corporate Finance
Wealth Management
Property Development
Fund Management
Legal
Compliance
Business Development
Sales
Operations
Risk Management
Partner Relations
Commercial
Channel Management
Client Services
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
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