Introducing Broker Agreement Template for Netherlands

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Key Requirements PROMPT example:

Introducing Broker Agreement

"I need an Introducing Broker Agreement under Dutch law for our wealth management firm to introduce high-net-worth clients to multiple investment banks across the EU, with specific provisions for cross-border transactions and tiered commission structures based on client asset size."

Document background
The Introducing Broker Agreement is essential for financial services firms operating in the Netherlands who wish to establish formal referral relationships. This document is specifically designed to comply with Dutch financial regulations and European Union directives, particularly the Dutch Financial Supervision Act (Wft) and MiFID II requirements. The agreement is typically used when a broker or financial intermediary wants to formalize an arrangement to introduce clients to another financial institution in exchange for commission or fees. It includes comprehensive provisions for regulatory compliance, client qualification criteria, compensation structures, data protection measures, and operational procedures. The document is crucial for maintaining regulatory compliance while facilitating business relationships in the Dutch financial services sector.
Suggested Sections

1. Parties: Identification of the introducing broker and the receiving firm, including registration details and regulatory status

2. Background: Context of the agreement and brief description of parties' businesses and intended relationship

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and interpretation rules

4. Appointment and Scope: Terms of appointment, exclusivity (if any), and detailed scope of introducing broker services

5. Regulatory Compliance: Obligations regarding regulatory requirements, licenses, and compliance with applicable laws

6. Duties and Responsibilities: Detailed obligations of both parties, including service standards and reporting requirements

7. Client Introduction Process: Procedures for client introductions, qualification criteria, and acceptance processes

8. Compensation: Fee structure, payment terms, calculation methods, and payment procedures

9. Representations and Warranties: Key promises and statements made by each party

10. Compliance with Anti-Money Laundering Requirements: AML obligations, KYC requirements, and related procedures

11. Confidentiality and Data Protection: Obligations regarding confidential information and personal data handling

12. Intellectual Property: Rights and restrictions regarding use of trademarks, logos, and other IP

13. Liability and Indemnification: Limitation of liability provisions and indemnification obligations

14. Term and Termination: Duration of agreement, renewal terms, and termination provisions

15. General Provisions: Standard clauses including notices, assignment, entire agreement, governing law

Optional Sections

1. Non-Solicitation: Restrictions on soliciting clients or employees, used when parties want to protect their client/employee base

2. Marketing and Promotion: Rules for marketing activities and use of promotional materials, included when broker will conduct marketing

3. Training Requirements: Specific training obligations for broker's staff, included when receiving firm requires certain training standards

4. Insurance Requirements: Specific insurance coverage requirements, included for higher-risk relationships

5. Service Level Agreement: Detailed service performance metrics, included when specific performance standards are required

6. White Labeling: Terms for white-label services, included when broker will use receiving firm's services under their own brand

7. Multi-Currency Provisions: Specific provisions for handling multiple currencies, included for international arrangements

Suggested Schedules

1. Schedule 1 - Fee Schedule: Detailed breakdown of commission rates, fees, and calculation methods

2. Schedule 2 - Approved Jurisdictions: List of jurisdictions where broker is authorized to introduce clients

3. Schedule 3 - Client Qualification Criteria: Detailed criteria for acceptable clients and due diligence requirements

4. Schedule 4 - Operating Procedures: Detailed procedures for client introductions, documentation, and ongoing management

5. Schedule 5 - Compliance Procedures: Specific compliance requirements and procedures

6. Appendix A - Required Client Documentation: Templates and forms required for client onboarding

7. Appendix B - Marketing Guidelines: Approved marketing practices and materials

8. Appendix C - Technology Requirements: Technical specifications for any required software or systems integration

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 legal definitions
Clauses
Relevant Industries

Financial Services

Investment Banking

Wealth Management

Asset Management

Securities Trading

Corporate Finance

Professional Services

FinTech

Banking

Investment Services

Relevant Teams

Legal

Compliance

Business Development

Sales

Operations

Risk Management

Client Relations

Partnerships

Finance

Regulatory Affairs

Relevant Roles

Compliance Officer

Legal Counsel

Business Development Manager

Relationship Manager

Head of Partnerships

Chief Operating Officer

Risk Manager

Head of Sales

Broker

Financial Advisor

Investment Manager

Compliance Director

General Counsel

Partnership Director

Head of Client Relations

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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