Broker Salesperson Agreement Template for Switzerland

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Key Requirements PROMPT example:

Broker Salesperson Agreement

"I need a Broker Salesperson Agreement for a Swiss financial services firm engaging independent brokers to sell investment products, with strict compliance requirements and a multi-tier commission structure based on performance targets."

Document background
The Broker Salesperson Agreement is essential for establishing clear professional relationships in Switzerland's brokerage industry. This document is typically used when a brokerage firm engages independent brokers or salespersons to represent the firm in various transactions. It addresses key aspects required under Swiss law, including the Swiss Code of Obligations and financial services regulations, defining the independent contractor status, commission structures, compliance requirements, and professional obligations. The agreement is particularly important in Switzerland's sophisticated financial and real estate markets, where regulatory compliance and professional standards are strictly enforced. It provides necessary legal protection for both parties while ensuring transparency in their business relationship.
Suggested Sections

1. Parties: Identification of the brokerage firm and the broker salesperson, including full legal names and addresses

2. Background: Context of the agreement, including the brokerage firm's business and the salesperson's qualifications

3. Definitions: Key terms used throughout the agreement, including 'Commission', 'Territory', 'Clients', and 'Services'

4. Appointment and Scope: Formal appointment of the broker salesperson and detailed description of authorized services

5. Independent Contractor Status: Clear statement of the salesperson's status as an independent contractor, not an employee

6. Duties and Responsibilities: Detailed obligations of the broker salesperson, including compliance with laws and professional standards

7. Commission Structure: Basic framework for commission calculations, payment terms, and conditions for earning commissions

8. Compliance Requirements: Obligations to comply with relevant Swiss laws, regulations, and industry standards

9. Confidentiality: Protection of confidential information and trade secrets

10. Non-Competition and Non-Solicitation: Restrictions on competitive activities during and after the agreement

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

12. Post-Termination Obligations: Duties and restrictions that survive after agreement termination

13. Governing Law and Jurisdiction: Specification of Swiss law application and jurisdiction for disputes

14. General Provisions: Standard clauses including severability, entire agreement, and amendments

Optional Sections

1. Training Requirements: Required when the brokerage provides specific training programs or certification requirements

2. Marketing and Advertising: Include when the broker has authority to conduct marketing activities on behalf of the firm

3. Expense Reimbursement: Include when certain business expenses are reimbursable by the brokerage

4. Insurance Requirements: Include when the broker must maintain specific insurance coverage

5. Team Collaboration: Include when the broker works with or manages a team

6. International Operations: Required when the broker operates across multiple jurisdictions

7. Property Management: Include when broker handles property management responsibilities

8. Digital Platform Usage: Include when specific software or platforms are required for business operations

Suggested Schedules

1. Schedule A - Commission Rates: Detailed commission structure, including rates, tiers, and special circumstances

2. Schedule B - Territory Definition: Specific geographical areas or market segments where the broker is authorized to operate

3. Schedule C - Approved Services: Comprehensive list of services the broker is authorized to provide

4. Schedule D - Compliance Procedures: Detailed compliance requirements and procedures

5. Schedule E - Technology and Systems: List of required technology, software, and systems to be used

6. Appendix 1 - Code of Conduct: Specific behavioral and professional standards required by the brokerage

7. Appendix 2 - Required Forms: Standard forms and documents used in business operations

8. Appendix 3 - Insurance Requirements: Detailed insurance coverage requirements and minimum limits

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

Real Estate

Financial Services

Insurance

Investment Banking

Commodities Trading

Luxury Goods

Art and Collectibles

Business Brokerage

Commercial Property

Wealth Management

Relevant Teams

Legal

Compliance

Sales

Business Development

Operations

Finance

Risk Management

Human Resources

Training and Development

Client Relations

Administration

Relevant Roles

Broker

Real Estate Agent

Financial Advisor

Sales Agent

Investment Consultant

Property Consultant

Business Broker

Luxury Assets Broker

Securities Broker

Insurance Broker

Senior Broker

Associate Broker

Managing Broker

Independent Sales Representative

Commission-Based Agent

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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