Broker To Broker Commission Agreement Template for New Zealand

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Key Requirements PROMPT example:

Broker To Broker Commission Agreement

"I need a Broker to Broker Commission Agreement for a real estate brokerage firm in Auckland partnering with a property investment broker, with a 60/40 commission split and specific provisions for cross-border property transactions with Australian clients."

Document background
The Broker to Broker Commission Agreement is essential for situations where licensed brokers wish to establish formal collaboration arrangements in New Zealand. This document is particularly relevant when brokers need to share commissions from cross-referred clients or collaborative transactions. It ensures compliance with New Zealand's financial services regulations, including the Financial Markets Conduct Act 2013 and the Financial Service Providers (Registration and Dispute Resolution) Act 2008. The agreement typically includes detailed commission structures, compliance requirements, operational procedures, and risk management provisions, making it suitable for various brokerage activities including securities trading, real estate transactions, and financial services.
Suggested Sections

1. Parties: Identification of the participating brokers, including their legal names, registration numbers, and business addresses

2. Background: Context of the agreement, describing the nature of both brokers' businesses and their intention to collaborate

3. Definitions: Definitions of key terms used throughout the agreement, including 'Commission', 'Clients', 'Transactions', etc.

4. Scope of Agreement: Defines the specific services and transactions covered by the commission-sharing arrangement

5. Commission Structure: Details of commission rates, calculation methods, and payment terms

6. Payment Terms: Specifies timing, method, and currency of commission payments

7. Obligations of the Parties: Duties and responsibilities of each broker, including regulatory compliance and service standards

8. Confidentiality: Provisions for handling confidential information and client data

9. Term and Termination: Duration of the agreement and conditions for termination

10. Dispute Resolution: Process for resolving disagreements between the parties

11. Governing Law: Specification of New Zealand law as governing law and jurisdiction

12. General Provisions: Standard clauses including notices, amendments, and entire agreement provisions

Optional Sections

1. Non-Solicitation: Prevents direct solicitation of each other's clients, used when brokers want to protect their client base

2. Cross-Border Transactions: Additional provisions for international transactions, needed when dealing with overseas clients or payments

3. White Labeling: Terms for using each other's branding, included when one broker provides services under the other's brand

4. Regulatory Compliance: Specific compliance requirements, included when dealing with specialized financial products or markets

5. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in volatile markets or uncertain conditions

6. Insurance Requirements: Specific insurance obligations, included when dealing with high-value transactions or specific risks

7. Data Protection: Additional privacy and data handling requirements, needed when extensive personal data processing is involved

Suggested Schedules

1. Schedule 1 - Commission Rates: Detailed breakdown of commission rates for different types of transactions or services

2. Schedule 2 - Service Categories: List and description of specific services covered under the agreement

3. Schedule 3 - Operating Procedures: Detailed procedures for client referrals, documentation, and transaction processing

4. Schedule 4 - Compliance Requirements: Specific regulatory and compliance requirements applicable to both parties

5. Schedule 5 - Authorized Representatives: List of authorized personnel who can act on behalf of each broker

6. Appendix A - Required Documentation: Templates and forms required for commission claims and transaction processing

7. Appendix B - Technology Requirements: Technical specifications for any shared platforms or systems used in the cooperation

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

Real Estate

Insurance

Securities Trading

Foreign Exchange

Commodities Trading

Investment Banking

Wealth Management

Commercial Property

Asset Management

Relevant Teams

Legal

Compliance

Finance

Operations

Risk Management

Business Development

Broker Relations

Partnership Management

Commission Administration

Regulatory Affairs

Relevant Roles

Compliance Officer

Chief Financial Officer

Broker Manager

Financial Controller

Legal Counsel

Risk Manager

Operations Manager

Business Development Manager

Partnership Manager

Commission Administrator

Broker Relations Manager

Managing Director

Chief Executive Officer

Financial Services Manager

Regulatory Affairs 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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