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Broker Intermediary Agreement
"I need a Broker Intermediary Agreement for my investment management firm based in Auckland, with specific provisions for cryptocurrency trading and enhanced AML compliance requirements, to be effective from March 2025."
1. Parties: Identifies and provides full legal details of the contracting parties - the principal and the broker
2. Background: Sets out the context of the agreement, including the broker's qualifications and the principal's business
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Scope: Establishes the broker's appointment and details the authorized services
5. Term and Termination: Specifies the duration of the agreement and circumstances for termination
6. Broker's Obligations: Details the broker's duties, responsibilities, and service standards
7. Principal's Obligations: Outlines the principal's responsibilities and support to the broker
8. Compliance Requirements: Specifies regulatory compliance obligations and required licenses
9. Remuneration: Details the fee structure, commission rates, and payment terms
10. Confidentiality: Addresses the handling of confidential information and trade secrets
11. Intellectual Property: Covers ownership and usage rights of intellectual property
12. Liability and Indemnity: Sets out liability limitations and indemnification provisions
13. Dispute Resolution: Outlines the process for resolving disputes between parties
14. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment
1. Territory Restrictions: Defines geographical limitations on broker's activities, used when territorial exclusivity is granted
2. Non-Compete Provisions: Restricts broker's ability to compete, included when protecting market position is crucial
3. Performance Targets: Sets specific performance metrics, used when implementing performance-based arrangements
4. Training and Support: Details training provided by principal, included for complex products/services
5. Marketing and Branding: Specifies rules for using principal's brand, included when broker represents principal's brand
6. Insurance Requirements: Details specific insurance coverage requirements, used for high-risk activities
7. Data Protection: Additional privacy and data handling requirements, included when dealing with sensitive personal data
8. Force Majeure: Addresses unforeseen circumstances, included when business continuity is critical
1. Schedule 1 - Services Description: Detailed description of authorized broker services and activities
2. Schedule 2 - Commission Structure: Detailed breakdown of commission rates, calculations, and payment terms
3. Schedule 3 - Compliance Procedures: Specific compliance requirements and procedures to be followed
4. Schedule 4 - Reporting Requirements: Templates and timing for required reports and communications
5. Schedule 5 - Territory Map: Geographical boundaries of broker's territory if applicable
6. Appendix A - Required Forms: Standard forms and documents used in broker operations
7. Appendix B - Service Level Requirements: Detailed service standards and performance metrics
8. Appendix C - Technology Requirements: Technical specifications for any required systems or software
Authors
Financial Services
Insurance
Real Estate
Investment Banking
Commodities Trading
Securities Trading
Mortgage Lending
Foreign Exchange
Asset Management
Commercial Property
Business Consulting
Investment Advisory
Legal
Compliance
Risk Management
Business Development
Operations
Finance
Commercial
Sales
Broker Relations
Regulatory Affairs
Contract Management
Partnership Management
Chief Executive Officer
Chief Financial Officer
Compliance Officer
Legal Counsel
Business Development Manager
Broker Relations Manager
Risk Manager
Operations Director
Commercial Director
Regulatory Affairs Manager
Contract Manager
Partnership Manager
Sales Director
Channel Manager
Financial Controller
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