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Commission Agreement Between Brokers
"I need a Commission Agreement Between Brokers for a Swiss real estate brokerage arrangement, where the introducing broker will receive 25% of commissions for successful referrals, with the agreement starting from March 1, 2025."
1. Parties: Identification of the brokers entering into the agreement, including their full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement and brief description of the brokers' business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of the brokerage services covered by the commission arrangement
5. Commission Structure: Framework for how commissions will be calculated and earned
6. Payment Terms: Terms and conditions for commission payments, including timing and method of payment
7. Obligations of the Parties: Specific duties and responsibilities of each broker
8. Compliance Requirements: Obligations regarding Swiss financial regulations, anti-money laundering laws, and other applicable regulations
9. Confidentiality: Provisions for handling confidential information between brokers
10. Term and Termination: Duration of the agreement and conditions for termination
11. Dispute Resolution: Procedures for resolving disputes under Swiss law
12. Governing Law: Specification of Swiss law as the governing law and jurisdiction
13. General Provisions: Standard contractual provisions including notices, amendments, and severability
1. Non-Compete Clause: Restrictions on competing activities, if applicable to the specific relationship
2. Sub-Brokers: Terms for engaging sub-brokers or third parties, if permitted
3. Insurance Requirements: Specific insurance obligations beyond standard requirements
4. Marketing and Branding: Guidelines for using each other's brands and marketing materials
5. Data Protection: Additional provisions for handling personal data under Swiss data protection laws
6. Force Majeure: Provisions for unforeseen circumstances affecting performance
7. Training and Support: Terms for any training or support services provided between brokers
1. Schedule 1: Commission Rates: Detailed commission rates for different types of transactions or services
2. Schedule 2: Service Level Agreement: Specific performance metrics and service standards
3. Schedule 3: Compliance Procedures: Detailed procedures for ensuring regulatory compliance
4. Schedule 4: Reporting Templates: Standard formats for commission reports and calculations
5. Schedule 5: Territory Definition: Definition of geographical or market segments covered by the agreement
6. Appendix A: Required Documentation: List of required documentation for commission claims
7. Appendix B: Contact Details: Key contacts and escalation procedures for both parties
Authors
Applicable Laws
Broker Services
Business Day
Client
Commission
Commission Period
Commission Rate
Confidential Information
Effective Date
Eligible Transaction
FINMA
Force Majeure Event
Intellectual Property Rights
Introducing Broker
Material Breach
Net Commission
Payment Date
Primary Broker
Qualifying Client
Qualifying Transaction
Referral
Regulatory Requirements
Related Party
Relevant Market
Revenue Share
Secondary Broker
Services
Swiss Code of Obligations
Term
Territory
Transaction Value
Working Hours
Scope of Services
Commission Structure
Payment Terms
Calculation Method
Reporting Requirements
Regulatory Compliance
Representations and Warranties
Confidentiality
Data Protection
Non-Competition
Non-Solicitation
Intellectual Property
Record Keeping
Audit Rights
Indemnification
Limitation of Liability
Force Majeure
Term and Duration
Termination
Effects of Termination
Assignment
Amendments
Notices
Severability
Entire Agreement
Governing Law
Dispute Resolution
Anti-Money Laundering
Client Protection
Service Levels
Performance Standards
Insurance Requirements
Relationship of Parties
Survival
Third Party Rights
Counterparts
Financial Services
Insurance
Real Estate
Securities Trading
Commodity Trading
Investment Banking
Wealth Management
Asset Management
Corporate Finance
Private Banking
Legal
Compliance
Finance
Operations
Business Development
Risk Management
Partner Relations
Commission Administration
Client Services
Regulatory Affairs
Broker
Financial Intermediary
Compliance Officer
Legal Counsel
Chief Financial Officer
Business Development Manager
Partnership Manager
Commission Manager
Relationship Manager
Head of Brokerage
Risk Manager
Operations Manager
Finance Director
Managing Partner
Chief Executive Officer
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