Intermediary Fee Agreement Template for Australia

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Key Requirements PROMPT example:

Intermediary Fee Agreement

"I need an Intermediary Fee Agreement for my financial advisory firm based in Sydney, working with international clients, that includes performance-based commission structures and compliance with ASIC regulations for cross-border transactions."

Document background
The Intermediary Fee Agreement is essential for businesses operating in Australia that engage intermediaries to facilitate transactions, arrangements, or relationships with third parties. This document is commonly used when establishing formal arrangements for broker services, agency relationships, or other intermediary services where fee structures and service terms need to be clearly defined. The agreement ensures compliance with Australian regulatory requirements, including the Corporations Act 2001 and relevant financial services regulations. It is particularly important in scenarios where intermediaries provide ongoing services or handle significant transactions, as it establishes clear parameters for fees, responsibilities, and performance expectations while protecting both parties' interests under Australian law.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including full legal names, ABN/ACN, and registered addresses

2. Background: Context of the agreement, relationship between parties, and purpose of the intermediary arrangement

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules for interpretation

4. Appointment and Scope: Terms of the intermediary's appointment and detailed scope of services to be provided

5. Fee Structure: Detailed breakdown of all fees, commissions, and payment terms

6. Payment Terms: Timing, method, and conditions for payment of fees and handling of expenses

7. Obligations and Responsibilities: Detailed duties and responsibilities of both the intermediary and the principal

8. Compliance Requirements: Regulatory compliance obligations and required licenses/authorizations

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

10. Confidentiality: Provisions regarding handling of confidential information

11. Indemnities and Liability: Allocation of risks and limitations of liability

12. General Provisions: Standard legal provisions including governing law, notices, and entire agreement

Optional Sections

1. Performance Metrics: Specific KPIs and performance measurement criteria - include when performance-based fees apply

2. Intellectual Property: IP rights and usage - include when proprietary systems or materials are involved

3. Non-Competition: Restrictions on competing activities - include for sensitive market sectors

4. Insurance Requirements: Specific insurance obligations - include for high-risk services

5. Dispute Resolution: Detailed dispute resolution procedures - include for complex or high-value arrangements

6. Force Majeure: Provisions for unforeseen circumstances - include for long-term or critical service arrangements

7. Data Protection: Specific data handling requirements - include when personal or sensitive data is involved

8. Sub-contracting: Terms for engaging sub-contractors - include when delegation of duties may be needed

Suggested Schedules

1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, commission rates, and calculation methods

2. Schedule 2 - Service Specifications: Detailed description of services, deliverables, and performance standards

3. Schedule 3 - Compliance Requirements: Specific regulatory requirements and compliance procedures

4. Schedule 4 - Authorized Representatives: List of authorized personnel who can act on behalf of each party

5. Appendix A - Required Forms: Standard forms and documentation required for service delivery

6. Appendix B - Reporting Templates: Templates for required regular reporting and documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 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

Real Estate

Insurance

Business Consulting

Investment Banking

Commercial Property

Wealth Management

Import/Export

Professional Services

Mergers and Acquisitions

Private Equity

Commercial Trading

Relevant Teams

Legal

Finance

Compliance

Commercial

Operations

Risk Management

Business Development

Procurement

Partner Relations

Contract Administration

Relevant Roles

Chief Financial Officer

Legal Counsel

Compliance Officer

Business Development Manager

Commercial Director

Risk Manager

Operations Manager

Contract Manager

Finance Manager

Procurement Manager

Partnership Manager

Broker Relations Manager

Agency Manager

Intermediary Services 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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