Broker Referral Agreement Template for Switzerland

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Key Requirements PROMPT example:

Broker Referral Agreement

"I need a Swiss-law Broker Referral Agreement for my Zurich-based wealth management firm to establish a referral arrangement with multiple independent financial advisors, including tiered commission structures and strict data protection provisions, to be implemented by March 2025."

Document background
The Broker Referral Agreement is essential for businesses operating in Switzerland that wish to establish formal referral relationships with other brokers or intermediaries. This document is particularly relevant in the context of Swiss financial services, real estate, and professional services sectors, where referral arrangements are common practice. The agreement must comply with Swiss law, particularly the Swiss Code of Obligations (OR) Articles 412-418 governing brokerage contracts, as well as relevant financial market regulations and data protection laws. It typically includes comprehensive provisions for referral processes, compensation structures, compliance requirements, and risk allocation between parties. The document is designed to protect both the referring and receiving parties while ensuring transparency and regulatory compliance in referral arrangements.
Suggested Sections

1. Parties: Identification of the referring broker and receiving broker, including full legal names, addresses, and registration details

2. Background: Context of the agreement, brief description of the parties' businesses, and purpose of the referral arrangement

3. Definitions: Key terms used throughout the agreement, including 'Referred Client', 'Referral Fee', 'Services', etc.

4. Scope of Agreement: Description of the referral arrangement, types of clients or business to be referred, and territorial scope

5. Referral Process: Detailed process for making and accepting referrals, including communication methods and timeframes

6. Compensation: Structure and calculation of referral fees, payment terms, and conditions for fee eligibility

7. Obligations of the Parties: Duties and responsibilities of both parties, including service standards and compliance requirements

8. Representations and Warranties: Statements of fact and guarantees by both parties regarding their capacity, licenses, and authority

9. Confidentiality: Protection of confidential information and client data, including compliance with FADP

10. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments

Optional Sections

1. Regulatory Compliance: Specific section for financial services or real estate compliance requirements, necessary when dealing with regulated activities

2. Non-Solicitation: Restrictions on soliciting referred clients or employees, included when protecting client relationships is crucial

3. Marketing and Branding: Guidelines for using each other's brands and marketing materials, needed when joint marketing is contemplated

4. Insurance Requirements: Specific insurance obligations, included when dealing with high-value transactions or regulated activities

5. Data Protection: Detailed data handling procedures, expanded section when extensive personal data processing is involved

6. Dispute Resolution: Alternative dispute resolution procedures, included when parties prefer arbitration or mediation

7. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term arrangements

Suggested Schedules

1. Schedule 1 - Fee Structure: Detailed breakdown of referral fees, calculation methods, and payment examples

2. Schedule 2 - Referral Procedures: Step-by-step process flow, including forms and templates for referral submissions

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

4. Schedule 4 - Approved Services: List of services covered under the referral arrangement

5. Appendix A - Contact Details: Key contact information for both parties, including escalation procedures

6. Appendix B - Required Documentation: Templates and forms required for client referrals and fee claims

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

Clauses
Relevant Industries

Financial Services

Real Estate

Insurance

Investment Management

Professional Services

Wealth Management

Corporate Services

Banking

Commercial Property

Residential Property

Relevant Teams

Legal

Compliance

Business Development

Sales

Operations

Risk Management

Commercial

Partnerships

Client Relations

Corporate Development

Relevant Roles

Business Development Manager

Compliance Officer

Legal Counsel

Partnership Manager

Broker Relations Manager

Chief Operating Officer

Sales Director

Relationship Manager

Risk Manager

Commercial Director

Managing Partner

Head of Business Development

General Counsel

Chief Compliance Officer

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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