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Broker To Broker Agreement
"I need a Broker to Broker Agreement for my Sydney-based financial services firm to establish a referral arrangement with another Australian broker, focusing on retail client referrals and commission sharing, with the agreement to commence on March 1, 2025."
1. Parties: Identification of the broker firms entering into the agreement, including their legal names, ACN/ABN, registered addresses, and AFSL numbers
2. Background: Context of the agreement, brief description of each broker's business, and purpose of the collaboration
3. Definitions: Detailed definitions of terms used throughout the agreement, including regulatory and industry-specific terminology
4. Scope of Agreement: Detailed outline of the services and activities covered under the agreement
5. Regulatory Compliance: Obligations of both parties regarding ASIC requirements, licensing, and other regulatory matters
6. Duties and Responsibilities: Specific obligations of each broker, including service standards and operational requirements
7. Compensation and Fee Structure: Details of commission splits, fee sharing, payment terms, and calculation methods
8. Client Management: Protocols for client allocation, communication, and relationship management
9. Confidentiality: Provisions for handling confidential information and client data
10. Risk Management: Procedures for managing operational, financial, and regulatory risks
11. Term and Termination: Duration of agreement, renewal terms, and termination conditions
12. Dispute Resolution: Procedures for handling disputes between the parties
13. General Provisions: Standard legal clauses including governing law, amendments, and notices
1. White Labeling Arrangements: Terms for white labeling services if one broker provides platform or services under the other's brand
2. Cross-Border Operations: Additional provisions for international operations if either broker operates in multiple jurisdictions
3. Technology Integration: Terms for technical integration between brokers' systems and platforms
4. Training and Support: Requirements for inter-firm training and operational support if applicable
5. Marketing and Co-branding: Terms for joint marketing activities and brand usage if applicable
6. Research Sharing: Terms for sharing research and analysis between firms if applicable
7. Specialized Products: Additional terms for specific financial products or services outside standard offerings
1. Schedule A - Commission Structure: Detailed breakdown of commission rates, splits, and calculation methods
2. Schedule B - Authorized Representatives: List of authorized representatives from each firm permitted to act under the agreement
3. Schedule C - Product List: Comprehensive list of financial products covered under the agreement
4. Schedule D - Service Level Agreement: Detailed service standards, response times, and performance metrics
5. Schedule E - Compliance Procedures: Specific compliance protocols and requirements for both parties
6. Schedule F - Technology Specifications: Technical requirements and specifications for any system integrations
7. Appendix 1 - Required Forms: Standard forms and documentation required for operations
8. Appendix 2 - Risk Management Procedures: Detailed risk management protocols and procedures
Authors
Agreement
ASIC
Authorized Representative
Business Day
Client
Commencement Date
Confidential Information
Corporations Act
Dispute
Effective Date
End Client
Fee Schedule
Financial Product
Financial Service
Force Majeure Event
Intellectual Property Rights
Laws
Licensed Activities
Material Breach
Personnel
Privacy Laws
Professional Indemnity Insurance
Referral Fee
Regulatory Authority
Related Body Corporate
Representative
Revenue Share
Services
Term
Territory
Trading Platform
Transaction
White Label Services
Working Hours
Scope of Services
Regulatory Compliance
Licensing Requirements
Client Management
Revenue Sharing
Commission Arrangements
Confidentiality
Data Protection
Intellectual Property
Service Standards
Risk Allocation
Indemnification
Insurance
Term and Termination
Force Majeure
Dispute Resolution
Non-Solicitation
Non-Competition
White Labeling
Technology Integration
Reporting Requirements
Record Keeping
Audit Rights
Anti-Money Laundering
Marketing and Branding
Assignment and Subcontracting
Notices
Governing Law
Amendments
Entire Agreement
Severability
Counterparts
Financial Services
Investment Banking
Insurance
Securities Trading
Wealth Management
Commodities Trading
Foreign Exchange
Real Estate
Commercial Banking
Legal
Compliance
Operations
Risk Management
Business Development
Finance
Client Services
Partnership Management
Executive Leadership
Regulatory Affairs
Chief Executive Officer
Chief Operating Officer
Chief Compliance Officer
Head of Legal
Compliance Manager
Operations Director
Business Development Manager
Risk Manager
Legal Counsel
Broker Relations Manager
Partnership Manager
Account Manager
Compliance Officer
Operations Manager
Financial Controller
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