Sub Broker Agreement Generator for Australia

The Sub Broker Agreement is essential for financial services businesses in Australia operating under a hierarchical licensing structure. This document is typically used when an Australian Financial Services License (AFSL) holder wishes to authorize another entity or individual to provide financial services under their license. The agreement comprehensively addresses regulatory compliance, operational requirements, risk management, and commercial terms, ensuring alignment with Australian financial services laws and regulations. It's particularly relevant in situations where a larger financial services provider wants to expand its distribution network while maintaining control over service quality and regulatory compliance. The Sub Broker Agreement includes detailed provisions for commission structures, compliance obligations, professional standards, and client protection measures, all within the context of Australian regulatory requirements.

1. Parties: Identifies the primary broker and sub-broker, including their respective AFSL details and business information

2. Background: Sets out the context of the agreement, including the primary broker's authority to appoint sub-brokers and the sub-broker's qualifications

3. Definitions: Defines key terms used throughout the agreement, including regulatory terminology and business-specific terms

4. Appointment and Scope: Details of the sub-broker's appointment, authorized activities, and territorial limitations

5. Regulatory Compliance: Obligations to comply with AFSL requirements, relevant legislation, and regulatory guidelines

6. Sub-Broker Obligations: Key responsibilities, service standards, and operational requirements of the sub-broker

7. Remuneration: Commission structure, payment terms, and calculation methods

8. Compliance and Reporting: Requirements for record-keeping, reporting, and maintaining compliance records

9. Professional Standards: Required qualifications, training, and ongoing professional development obligations

10. Confidentiality and Privacy: Obligations regarding client data, confidential information, and privacy law compliance

11. Intellectual Property: Rights and restrictions regarding use of brands, trademarks, and proprietary systems

12. Liability and Indemnity: Risk allocation, insurance requirements, and indemnification provisions

13. Term and Termination: Duration of agreement, renewal provisions, and termination rights

14. Dispute Resolution: Process for handling disputes, including mediation and jurisdiction

15. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law