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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."
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
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
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
Applicable Laws
Associate
Authorised Representative
Business Day
Commencement Date
Confidential Information
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
Intermediary Services
Key Performance Indicators
Material Breach
Notice
Payment Date
Performance Metrics
Principal
Regulatory Requirements
Related Body Corporate
Relevant Transaction
Representatives
Services
Service Level Requirements
Success Fee
Term
Territory
Third Party
Transaction Documents
Base Fee
Commission
Completion Date
Dispute
Due Diligence
Expenses
GST
Insolvency Event
Performance Period
Professional Standards
Service Specifications
Scope of Services
Fee Structure
Payment Terms
Commission Arrangements
Performance Requirements
Regulatory Compliance
Representations and Warranties
Confidentiality
Data Protection
Intellectual Property
Indemnification
Liability Limitation
Insurance
Term and Termination
Force Majeure
Assignment
Non-Competition
Non-Solicitation
Record Keeping
Audit Rights
Dispute Resolution
Governing Law
Notice Requirements
Entire Agreement
Amendment
Severability
Third Party Rights
Counterparts
GST
Anti-Money Laundering
Reporting Requirements
Service Levels
Performance Metrics
Sub-contracting
Financial Services
Real Estate
Insurance
Business Consulting
Investment Banking
Commercial Property
Wealth Management
Import/Export
Professional Services
Mergers and Acquisitions
Private Equity
Commercial Trading
Legal
Finance
Compliance
Commercial
Operations
Risk Management
Business Development
Procurement
Partner Relations
Contract Administration
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
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