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Broker Agreement Commission
"I need a Broker Agreement Commission for our Hong Kong real estate company to engage multiple independent brokers, with a tiered commission structure based on property values and a requirement for brokers to maintain specific professional certifications, starting from March 2025."
1. Parties: Identification of the broker and the principal/client, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, nature of the business relationship, and general purpose of the brokerage arrangement
3. Definitions and Interpretation: Key terms used throughout the agreement, including 'Commission', 'Services', 'Transaction', and interpretation rules
4. Appointment and Scope: Formal appointment of the broker and detailed description of authorized services and territories
5. Broker's Obligations: Core duties, service standards, compliance requirements, and reporting obligations
6. Principal's Obligations: Client's responsibilities, including providing necessary information and cooperation
7. Commission Structure: Detailed explanation of commission rates, calculation methods, and qualifying transactions
8. Payment Terms: Commission payment timing, invoicing procedures, and payment methods
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Confidentiality: Protection of confidential information and trade secrets
11. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction for dispute resolution
12. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Exclusivity: Used when the broker is granted exclusive rights for specific territories or transactions
2. Performance Targets: Include when setting specific performance metrics or minimum transaction requirements
3. Training and Support: Required when the principal provides specific training or support systems to the broker
4. Insurance Requirements: Detailed insurance obligations when dealing with high-value transactions or regulated activities
5. Data Protection: Extended privacy provisions when handling significant personal or sensitive data
6. Non-Competition: Restrictions on broker's activities with competitors, if applicable
7. Force Majeure: Protection against unforeseen events, particularly relevant in volatile markets
8. Dispute Resolution: Alternative dispute resolution procedures if preferred over court proceedings
1. Commission Rates Schedule: Detailed breakdown of commission rates for different types of transactions or services
2. Territory Schedule: Definition of geographical areas or market segments covered by the agreement
3. Services Schedule: Comprehensive list of authorized services and any excluded activities
4. Required Licenses and Qualifications: List of mandatory regulatory licenses and professional qualifications
5. Reporting Templates: Standard formats for transaction reports and commission calculations
6. Compliance Procedures: Detailed procedures for regulatory compliance and due diligence
7. Key Performance Indicators: Metrics and targets for measuring broker performance
Authors
Applicable Laws
Broker
Broker Services
Business Day
Client
Commission
Commencement Date
Confidential Information
Effective Date
Eligible Transaction
Force Majeure Event
Group
Hong Kong
Intellectual Property Rights
Licensed Activities
Material Breach
Notice
Party/Parties
Payment Date
Principal
Quarter
Regulatory Requirements
Related Company
Relevant Authority
Services
SFC
Sub-broker
Term
Territory
Transaction
Working Hours
Authority
Broker Obligations
Commission
Compliance
Confidentiality
Data Protection
Definitions
Dispute Resolution
Duration
Exclusivity
Force Majeure
Governing Law
Indemnification
Insurance
Intellectual Property
Limitation of Liability
Non-Competition
Non-Solicitation
Notices
Payment Terms
Performance Standards
Principal Obligations
Record Keeping
Regulatory Compliance
Representations and Warranties
Scope of Services
Severability
Sub-Contracting
Termination
Territory
Variation
Waiver
Warranties
Financial Services
Real Estate
Insurance
Securities Trading
Commodities Trading
Investment Banking
Commercial Property
Maritime and Shipping
Import/Export
Private Equity
Asset Management
Wealth Management
Legal
Compliance
Finance
Sales
Business Development
Operations
Risk Management
Commercial
Procurement
Account Management
Broker Relations
Chief Executive Officer
Chief Financial Officer
Legal Counsel
Compliance Officer
Business Development Manager
Sales Director
Commission Manager
Broker Relations Manager
Account Manager
Finance Manager
Risk Manager
Operations Director
Commercial Director
Procurement Manager
Contract Administrator
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