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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."
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
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
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
Applicable Laws
Authorized Representative
Business Day
Client
Commission
Commission Period
Confidential Information
Effective Date
Eligible Transaction
Financial Product
Financial Service
Force Majeure Event
Intellectual Property Rights
Licensed Activity
Material Breach
Net Commission
Partner Broker
Payment Date
Primary Broker
Qualifying Client
Qualifying Transaction
Referral
Referral Commission
Regulatory Authority
Related Entity
Services
Shared Commission
Term
Territory
Transaction Value
Working Hours
Regulatory Requirements
Commission Rate
Settlement Date
Dispute
Gross Commission
Operating Procedures
Professional Standards
Service Level Requirements
Appointment
Scope of Services
Regulatory Compliance
Licensing Requirements
Commission Structure
Payment Terms
Service Standards
Referral Process
Client Management
Confidentiality
Data Protection
Intellectual Property
Non-Competition
Non-Solicitation
Record Keeping
Audit Rights
Representations and Warranties
Indemnification
Limitation of Liability
Insurance
Term and Duration
Termination
Force Majeure
Assignment
Notices
Amendment
Entire Agreement
Severability
Governing Law
Dispute Resolution
Anti-Money Laundering
Reporting Requirements
Performance Standards
Client Communication
Risk Management
Business Continuity
Electronic Communications
Counterparts
Financial Services
Real Estate
Insurance
Securities Trading
Foreign Exchange
Commodities Trading
Investment Banking
Wealth Management
Commercial Property
Asset Management
Legal
Compliance
Finance
Operations
Risk Management
Business Development
Broker Relations
Partnership Management
Commission Administration
Regulatory Affairs
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
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