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Broker Intermediary Agreement Template for New Zealand

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Key Requirements PROMPT example:

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."

Document background
The Broker Intermediary Agreement is essential for businesses operating in New Zealand that engage brokers or intermediaries to facilitate transactions or represent their interests in the market. This document type is particularly relevant in the context of New Zealand's financial services regulatory framework, which requires clear documentation of intermediary relationships and compliance with various financial regulations. The agreement typically addresses key aspects such as service scope, regulatory compliance, risk management, and compensation structures. It's designed to protect both the principal and the broker while ensuring alignment with New Zealand's regulatory requirements, including the Financial Markets Conduct Act 2013 and related legislation. The document is commonly used when establishing new broker relationships or updating existing arrangements to reflect current market practices and regulatory requirements.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Insurance

Real Estate

Investment Banking

Commodities Trading

Securities Trading

Mortgage Lending

Foreign Exchange

Asset Management

Commercial Property

Business Consulting

Investment Advisory

Relevant Teams

Legal

Compliance

Risk Management

Business Development

Operations

Finance

Commercial

Sales

Broker Relations

Regulatory Affairs

Contract Management

Partnership Management

Relevant Roles

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

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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