Financial Advisor Independent Contractor Agreement Template for Canada

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Key Requirements PROMPT example:

Financial Advisor Independent Contractor Agreement

"I need a Financial Advisor Independent Contractor Agreement for our Toronto-based wealth management firm that will allow our advisors to work remotely across Ontario and includes specific provisions for digital client onboarding and virtual meetings."

Document background
The Financial Advisor Independent Contractor Agreement is essential for financial services firms operating in Canada who engage independent financial advisors. This document is designed to comply with Canadian federal and provincial regulations, including securities laws, tax requirements, and privacy legislation. It establishes the independent contractor relationship while ensuring compliance with regulatory requirements, defining service scope, compensation structures, and operational parameters. The agreement is particularly crucial for firms seeking to expand their advisory network while maintaining regulatory compliance and protecting their business interests. It addresses key aspects such as registration requirements, client relationship management, confidentiality obligations, and professional standards specific to the Canadian financial services industry.
Suggested Sections

1. Parties: Identification of the firm and the independent financial advisor

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Key terms used throughout the agreement including 'Services', 'Confidential Information', 'Client', etc.

4. Engagement and Services: Scope of financial advisory services to be provided and confirmation of independent contractor status

5. Regulatory Compliance: Obligations to comply with securities regulations, licensing requirements, and industry standards

6. Compensation: Fee structure, commission splits, payment terms, and expense responsibilities

7. Term and Termination: Duration of agreement and circumstances for termination by either party

8. Independent Contractor Status: Explicit terms establishing and maintaining independent contractor relationship

9. Compliance with Laws: Obligation to comply with applicable laws, regulations, and professional standards

10. Confidentiality: Protection of firm, client, and trade secret information

11. Client Relationships: Ownership of client relationships and restrictions on solicitation

12. Records and Reporting: Requirements for maintaining records and reporting to the firm

13. Insurance and Liability: Professional liability insurance requirements and allocation of risks

14. Intellectual Property: Ownership and use of firm's intellectual property and advisor's materials

15. General Provisions: Standard clauses including notices, amendments, governing law, etc.

Optional Sections

1. Non-Competition: Restrictions on competing activities - optional based on jurisdiction as some provinces have limitations on non-compete clauses

2. Use of Firm Resources: Terms for using firm's facilities, equipment, and support staff - include if advisor will have access to firm resources

3. Marketing and Branding: Guidelines for using firm's brand and marketing materials - include if advisor will conduct marketing activities

4. Succession Planning: Terms for transitioning clients upon retirement or departure - include for established advisors with significant book of business

5. Training and Development: Requirements for ongoing professional development - include if firm provides training support

6. Client Fee Structure: Detailed client billing arrangements - include if advisor has flexibility in fee arrangements

7. Outside Business Activities: Terms governing other business activities - include if advisor maintains other professional roles

Suggested Schedules

1. Schedule A - Compensation Structure: Detailed breakdown of commission splits, fee arrangements, and bonus structures

2. Schedule B - Approved Services: Comprehensive list of financial advisory services the contractor is authorized to provide

3. Schedule C - Compliance Manual Acknowledgment: Firm's compliance policies and procedures that the advisor must follow

4. Schedule D - Technology and Systems Access: Terms of use for firm's technological resources and systems

5. Schedule E - Insurance Requirements: Specific insurance coverage types and amounts required

6. Appendix 1 - Required Licenses and Registrations: List of mandatory professional licenses and registrations

7. Appendix 2 - Client Transfer Procedures: Process for transitioning clients upon termination of agreement

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

Wealth Management

Investment Banking

Insurance

Securities Trading

Financial Planning

Asset Management

Private Banking

Retirement Planning

Estate Planning

Relevant Teams

Legal

Compliance

Human Resources

Operations

Wealth Management

Financial Planning

Risk Management

Corporate Affairs

Business Development

Branch Operations

Relevant Roles

Financial Advisor

Investment Advisor

Wealth Manager

Financial Planner

Portfolio Manager

Investment Consultant

Estate Planning Specialist

Retirement Planning Specialist

Insurance Advisor

Chief Compliance Officer

Legal Counsel

HR Director

Operations Manager

Branch Manager

Regional Director

Industries
Securities Act (Provincial): Provincial legislation (varies by province) governing securities trading, advisory services, and registration requirements for financial advisors
National Instrument 31-103: Registration Requirements, Exemptions and Ongoing Registrant Obligations - Sets out the requirements for registration and conduct of financial advisors
Income Tax Act: Federal legislation defining independent contractor status and tax obligations, crucial for establishing proper classification of the relationship
Personal Information Protection and Electronic Documents Act (PIPEDA): Federal privacy legislation governing the collection, use, and disclosure of personal information in commercial activities
Proceeds of Crime (Money Laundering) and Terrorist Financing Act: Federal legislation requiring financial advisors to implement anti-money laundering compliance programs
Provincial Business Corporations Act: Provincial legislation governing business operations and contracts within the province
Investment Industry Regulatory Organization of Canada (IIROC) Rules: Self-regulatory organization rules governing investment dealers and trading activity in debt and equity markets
Mutual Fund Dealers Association (MFDA) Rules: Self-regulatory organization rules specifically governing mutual fund dealers and their representatives
Provincial Insurance Act: Provincial legislation governing insurance and insurance-related investment products if the advisor deals with insurance-based investments
Competition Act: Federal legislation relevant to non-compete and non-solicitation provisions often included in independent contractor agreements
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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