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Introducing Broker Agreement
"I need a German law Introducing Broker Agreement for our investment firm that will allow multiple introducing brokers to refer wealth management clients to us, with a strong focus on GDPR compliance and a commission structure based on AUM."
1. Parties: Identification of the introducing broker and the principal firm, including their regulatory status and contact details
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of introducing broker services and limitations
5. Regulatory Compliance: Obligations regarding regulatory requirements, licenses, and permissions
6. Representations and Warranties: Core statements about the parties' capacity, authority, and regulatory status
7. Duties and Obligations: Specific responsibilities of both parties
8. Compensation: Fee structure, payment terms, and calculation methods
9. Client Relationships: Management of client relationships and ownership of client data
10. Compliance with Anti-Money Laundering Requirements: AML obligations and procedures
11. Data Protection and Confidentiality: GDPR compliance and confidentiality obligations
12. Intellectual Property: Protection and usage of trademarks, logos, and materials
13. Liability and Indemnification: Allocation of risks and indemnification obligations
14. Term and Termination: Duration, renewal, and termination provisions
15. Post-Termination Obligations: Obligations surviving termination
16. General Provisions: Standard boilerplate clauses including notices, amendments, governing law
1. Non-Competition: Restrictions on competitive activities, used when exclusivity is required
2. Marketing and Promotion: Rules for marketing activities and use of promotional materials
3. Training Requirements: Specific training obligations for the introducing broker's staff
4. Insurance Requirements: Mandatory insurance coverage specifications
5. Dispute Resolution: Alternative dispute resolution procedures, if preferred over court litigation
6. Force Majeure: Provisions for extraordinary events affecting performance
7. Service Levels: Specific performance metrics and standards
8. Regulatory Reporting: Additional reporting requirements beyond standard obligations
1. Schedule 1 - Services Description: Detailed description of introducing broker services and procedures
2. Schedule 2 - Compensation Structure: Detailed fee calculations, commission rates, and payment terms
3. Schedule 3 - Compliance Procedures: Specific compliance requirements and procedures
4. Schedule 4 - Required Documentation: List of required documents for client onboarding
5. Schedule 5 - Approved Marketing Materials: Pre-approved marketing content and usage guidelines
6. Appendix A - Contact Details: Key contacts and escalation procedures
7. Appendix B - Technical Requirements: Any technical specifications or system requirements
8. Appendix C - Reporting Templates: Standard formats for required reports and notifications
Authors
Applicable Laws
Approved Jurisdiction
Associated Person
BaFin
Business Day
Client
Client Agreement
Client Data
Commencement Date
Compensation
Confidential Information
Data Protection Laws
Documentation
Effective Date
Eligible Client
Financial Institution
Financial Products
Financial Services
GDPR
German Banking Act
Intellectual Property Rights
Introducing Broker
Introducing Broker Services
KWG
Lead
Marketing Materials
Material Adverse Change
Minimum Requirements
Non-Public Information
Notice
Personal Data
Principal
Prospect
Referral
Regulatory Approvals
Regulatory Authority
Regulatory Requirements
Related Party
Representatives
Restricted Territory
Services
Term
Territory
Trade Secret
Transaction
WpHG
Services
Regulatory Compliance
Licensing
Client Onboarding
Compensation
Commission
Payment Terms
Representations and Warranties
Covenants
Due Diligence
Anti-Money Laundering
Data Protection
Confidentiality
Non-Competition
Non-Solicitation
Intellectual Property
Marketing
Reporting
Record Keeping
Audit Rights
Insurance
Indemnification
Limitation of Liability
Force Majeure
Term
Termination
Assignment
Notices
Amendment
Severability
Entire Agreement
Governing Law
Dispute Resolution
Client Data Protection
Regulatory Reporting
Performance Standards
Training Requirements
Risk Management
Business Continuity
Financial Services
Investment Banking
Wealth Management
Asset Management
Securities Trading
Corporate Finance
Private Banking
Investment Advisory
Capital Markets
Commercial Banking
Legal
Compliance
Business Development
Sales
Risk Management
Operations
Partner Relations
Client Services
Regulatory Affairs
Commercial
Compliance Officer
Legal Counsel
Business Development Manager
Relationship Manager
Head of Sales
Risk Manager
Chief Operating Officer
Head of Compliance
Financial Services Director
Partner Management Director
Business Development Director
Chief Legal Officer
Regulatory Affairs Manager
Client Services Manager
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