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Split Commission Agreement
"I need a Split Commission Agreement under Swiss law for a wealth management arrangement between our firm and an external financial advisor, where we will share client fees 70-30, with specific provisions for FINMA compliance and client data protection."
1. Parties: Identification of all parties involved in the commission splitting arrangement
2. Background: Context of the business relationship and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Commission Structure: Detailed explanation of how commissions are calculated and the split ratios between parties
5. Payment Terms: Timing and method of commission payments, including currency and payment procedures
6. Reporting Requirements: Requirements for reporting commission earnings, calculations, and distributions
7. Obligations of the Parties: Specific duties and responsibilities of each party
8. Compliance Requirements: Regulatory compliance obligations under Swiss law, including financial services regulations
9. Confidentiality: Provisions for handling confidential information and data protection
10. Term and Termination: Duration of the agreement and circumstances for termination
11. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
12. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Non-Compete Provisions: Restrictions on competitive activities, used when parties may have access to sensitive client information
2. Client Ownership: Provisions defining client relationship ownership, relevant when multiple parties have client contact
3. Regulatory Authorizations: Required when any party needs specific licenses or authorizations for the activities
4. Insurance Requirements: Specifications for required insurance coverage, relevant for high-value transactions
5. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term arrangements
6. Audit Rights: Procedures for auditing commission calculations, important for complex commission structures
1. Commission Calculation Schedule: Detailed methodology and examples of commission calculations
2. Products and Services Schedule: List of products or services covered by the commission arrangement
3. Reporting Template: Standard format for periodic commission reports
4. Compliance Procedures: Detailed procedures for ensuring regulatory compliance
5. Authorized Representatives: List of designated contacts for each party
6. Service Level Requirements: Performance standards and metrics, if applicable
Authors
Applicable Law
Business Day
Commission
Commission Period
Commission Rate
Commission Split Ratio
Confidential Information
Effective Date
Eligible Transaction
Force Majeure Event
Gross Commission
Net Commission
Payment Date
Principal
Products
Regulatory Authority
Relevant Territory
Services
Split Commission
Term
Termination Date
Transaction
Working Hours
Account
Affiliate
Agent
Broker
Client
Compliance Requirements
Distribution Period
Financial Year
Material Breach
Performance Metrics
Quarterly Report
Records
Reference Period
Regulatory Licenses
Revenue Share
Swiss Business Day
Target Market
Written Notice
FINMA
FinSA
Swiss Code of Obligations
Interpretation
Commission Structure
Commission Calculation
Payment Terms
Reporting Requirements
Regulatory Compliance
Confidentiality
Data Protection
Non-Competition
Non-Solicitation
Record Keeping
Audit Rights
Representations and Warranties
Indemnification
Limitation of Liability
Force Majeure
Term and Duration
Termination
Assignment
Notices
Amendment
Entire Agreement
Severability
Governing Law
Dispute Resolution
Client Ownership
Performance Obligations
Service Standards
Regulatory Authorizations
Anti-Money Laundering
Client Due Diligence
Intellectual Property
Insurance
Relationship of Parties
Third Party Rights
Further Assurance
Costs
Waiver
Counterparts
Financial Services
Insurance
Real Estate
Investment Banking
Wealth Management
Commercial Banking
Asset Management
Securities Trading
Commodity Trading
Business Consulting
Sales and Distribution
Legal
Finance
Compliance
Sales
Business Development
Operations
Revenue Management
Partner Management
Account Management
Risk Management
Commercial Operations
Financial Advisor
Broker
Sales Manager
Business Development Manager
Commission Controller
Compliance Officer
Legal Counsel
Finance Director
Sales Agent
Relationship Manager
Partnership Manager
Revenue Manager
Account Executive
Commercial Director
Operations Manager
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