Broker Commission Agreement Template for Malaysia

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Key Requirements PROMPT example:

Broker Commission Agreement

"I need a Broker Commission Agreement for my real estate company based in Kuala Lumpur, with a tiered commission structure starting at 2% for properties under RM1 million and increasing to 3% for properties over RM1 million, to be effective from March 1, 2025."

Document background
The Broker Commission Agreement is a critical document used to formalize the relationship between a principal company and a broker who facilitates business transactions or sales. This agreement, governed by Malaysian law, is essential for businesses operating in Malaysia that rely on brokers or intermediaries to generate sales or business opportunities. The document typically includes detailed commission structures, performance expectations, territorial rights, and compliance requirements with Malaysian regulations. It's particularly important in regulated industries where clear documentation of intermediary relationships is required. The agreement protects both parties by clearly defining commission calculations, payment terms, and dispute resolution procedures, while ensuring compliance with relevant Malaysian legislation including the Capital Markets and Services Act 2007 and anti-money laundering regulations.
Suggested Sections

1. Parties: Identification of the principal and broker, including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, nature of the principal's business, and broker's qualifications

3. Definitions: Define key terms including 'Commission', 'Successful Transaction', 'Territory', 'Customers', and other relevant terms

4. Appointment and Scope: Terms of broker's appointment, exclusivity/non-exclusivity, and territorial scope

5. Broker's Duties and Responsibilities: Detailed obligations of the broker, including reporting requirements and compliance with regulations

6. Commission Structure: Basic commission rates, calculation methods, and payment terms

7. Payment Terms: Timing of payments, invoice requirements, currency, and payment methods

8. Term and Termination: Duration of agreement, renewal terms, and termination conditions

9. Confidentiality: Protection of confidential information and trade secrets

10. Non-Circumvention: Prevention of direct dealings between principal and introduced customers

11. Representations and Warranties: Standard warranties regarding capacity, authority, and compliance with laws

12. Governing Law and Jurisdiction: Specification of Malaysian law and jurisdiction for dispute resolution

Optional Sections

1. Non-Competition: Restrictions on broker's ability to work with competitors, used when broker has access to sensitive information

2. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in volatile markets

3. Insurance Requirements: Specific insurance coverage requirements for broker, important in high-value transactions

4. Training and Support: Details of any training or support provided by principal to broker

5. Marketing and Branding: Guidelines for use of principal's branding and marketing materials

6. Dispute Resolution: Alternative dispute resolution procedures such as mediation or arbitration

7. Post-Termination Obligations: Ongoing obligations after agreement ends, particularly for long-term customer relationships

8. Data Protection: Specific provisions for handling personal data under Malaysian law

Suggested Schedules

1. Schedule 1 - Commission Rates: Detailed breakdown of commission rates for different products/services or transaction values

2. Schedule 2 - Territory Definition: Specific geographical areas or market segments covered by the agreement

3. Schedule 3 - Approved Customer List: List of pre-approved customers or customer types if applicable

4. Schedule 4 - Reporting Requirements: Templates and timing for regular reports required from broker

5. Schedule 5 - Compliance Requirements: Specific regulatory requirements and compliance procedures

6. Appendix A - Product/Service Description: Detailed description of products/services for which broker is authorized to arrange sales

7. Appendix B - Documentation Requirements: Templates and requirements for transaction documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Financial Services

Real Estate

Insurance

Commodities Trading

Securities and Investments

Import/Export

Manufacturing

Technology

Telecommunications

Professional Services

Relevant Teams

Legal

Finance

Sales

Business Development

Compliance

Risk Management

Commercial Operations

Channel Management

Contract Administration

Treasury

Relevant Roles

Chief Executive Officer

Commercial Director

Sales Director

Business Development Manager

Commission Broker

Legal Counsel

Compliance Officer

Finance Manager

Sales Operations Manager

Contract Administrator

Account Manager

Regional Sales Manager

Channel Partner Manager

Commission Analyst

Risk Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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