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Introducing Broker Contract
"I need a Swiss law Introducing Broker Contract for my wealth management firm to engage independent brokers who will introduce high-net-worth clients, with specific provisions for commission tiers based on AUM and a strong focus on FINMA compliance requirements."
1. Parties: Identification of the introducing broker and the receiving firm, including their regulatory status and contact details
2. Background: Context of the agreement and brief description of the parties' businesses and intention to enter into an introducing broker relationship
3. Definitions and Interpretation: Key terms used throughout the agreement and rules of interpretation
4. Scope of Services: Detailed description of the introducing broker's services, including client introduction process and limitations
5. Regulatory Compliance: Obligations regarding compliance with Swiss financial regulations, including FinSA, FinIA, and AMLA requirements
6. Representations and Warranties: Statements about the parties' capacity, authority, and regulatory status
7. Duties and Responsibilities: Specific obligations of both parties, including communication protocols and service standards
8. Compensation: Fee structure, calculation methods, payment terms, and conditions for commission
9. Client Ownership and Data Protection: Rules regarding client relationships, data handling, and compliance with FADP
10. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
11. Confidentiality: Obligations regarding the protection of confidential information
12. Indemnification and Liability: Allocation of risks and responsibilities between parties
13. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction
1. Non-Solicitation: Restrictions on soliciting clients or employees, included when parties want to protect their business relationships
2. Marketing and Branding: Rules for using each other's brands and marketing materials, included when joint marketing is contemplated
3. Training and Support: Details of training provided by the receiving firm, included when significant operational support is required
4. Insurance Requirements: Specific insurance coverage requirements, included when additional risk management is needed
5. Dispute Resolution: Alternative dispute resolution procedures, included when parties prefer arbitration or mediation
6. Force Majeure: Provisions for unforeseen circumstances, included when parties want specific protection against external events
1. Schedule 1 - Service Level Agreement: Detailed operational procedures, response times, and service standards
2. Schedule 2 - Commission Structure: Detailed breakdown of commission rates, tiers, and calculation methods
3. Schedule 3 - Compliance Procedures: Specific compliance requirements and procedures for client onboarding
4. Schedule 4 - Required Documentation: List of documents required for client introduction and verification
5. Schedule 5 - Approved Marketing Materials: Templates and guidelines for marketing and client communications
6. Appendix A - Contact Details: Key contact persons and escalation procedures
7. Appendix B - Technical Requirements: IT systems, security requirements, and data transmission protocols
Authors
Applicable Law
Approved Introduction
Business Day
Client
Commencement Date
Confidential Information
Commission
Commission Period
Compliance Requirements
Data Protection Laws
Eligible Client
FINMA
FinSA
FinIA
Force Majeure Event
Group
Intellectual Property Rights
Introduced Client
Introduction
Introduction Date
Introduction Services
KYC
Material Adverse Change
Minimum Requirements
Notice
Onboarding Process
Personnel
Potential Client
Products
Professional Client
Qualifying Introduction
Receiving Institution
Regulatory Authority
Regulatory Requirements
Related Person
Relevant Documentation
Services
Service Level Requirements
Swiss Banking Secrecy Laws
Term
Territory
Transaction
Scope of Services
Regulatory Compliance
Client Introduction Process
Due Diligence
Commission
Payment Terms
Representations and Warranties
Duties and Obligations
Exclusivity
Non-Solicitation
Confidentiality
Data Protection
Banking Secrecy
Records and Reporting
Intellectual Property
Marketing and Branding
Term
Termination
Force Majeure
Liability
Indemnification
Insurance
Assignment
Amendments
Notices
Severability
Entire Agreement
Waiver
Governing Law
Jurisdiction
Dispute Resolution
Anti-Money Laundering
Client Classification
Service Levels
Audit Rights
Financial Services
Banking
Wealth Management
Investment Banking
Securities Trading
Asset Management
Financial Technology
Professional Services
Insurance
Legal
Compliance
Business Development
Risk Management
Operations
Client Relations
Wealth Management
Financial Services
Broker Relations
Product Development
Compliance Officer
Legal Counsel
Business Development Manager
Relationship Manager
Head of Intermediaries
Risk Manager
Chief Operating Officer
Head of Wealth Management
Financial Services Director
Broker Relations Manager
Business Development Director
Chief Compliance Officer
Head of Legal
Managing Director
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