Introducing Broker Agreement Template for New Zealand

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Key Requirements PROMPT example:

Introducing Broker Agreement

"I need an Introducing Broker Agreement for my forex trading firm based in Auckland, where the introducing broker will refer international clients and receive tiered commissions based on trading volume, with the agreement to commence from March 2025."

Document background
The Introducing Broker Agreement is essential for financial institutions operating in New Zealand's regulated financial markets. This document is used when a primary broker wishes to expand their client base through partnership with introducing brokers who will refer potential clients. The agreement must comply with New Zealand's regulatory framework, including the Financial Markets Conduct Act 2013, Financial Service Providers (Registration and Dispute Resolution) Act 2008, and AML/CFT requirements. It covers crucial elements such as commission structures, service levels, compliance obligations, client handling procedures, and risk allocation between parties. The document is particularly important for maintaining regulatory compliance while establishing clear commercial terms between financial services providers.
Suggested Sections

1. Parties: Identifies and provides details of the Primary Broker and the Introducing Broker

2. Background: Sets out the context of the agreement, including the parties' business activities and intention to enter into an introducing broker relationship

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

4. Appointment and Scope: Establishes the introducing broker's appointment, territory, and scope of authorized activities

5. Regulatory Compliance: Sets out obligations regarding financial services laws, AML/CFT requirements, and other regulatory obligations

6. Introducing Broker's Obligations: Details the introducing broker's duties, responsibilities, and service standards

7. Primary Broker's Obligations: Outlines the primary broker's commitments, support, and services to be provided

8. Commission and Payment Terms: Specifies commission structures, calculation methods, and payment terms

9. Client Relationships: Establishes ownership of client relationships and handling of client information

10. Confidentiality: Defines confidentiality obligations and permitted uses of confidential information

11. Intellectual Property: Addresses ownership and usage rights of trademarks, materials, and other IP

12. Term and Termination: Sets out the agreement duration, renewal terms, and termination provisions

13. Post-Termination Obligations: Specifies obligations and restrictions following agreement termination

14. Dispute Resolution: Establishes procedures for resolving disputes between parties

15. General Provisions: Contains standard boilerplate clauses including notices, assignment, and governing law

Optional Sections

1. Non-Competition: Restricts the introducing broker from competing activities - include when exclusivity is required

2. Training and Support: Details training and support provisions - include when the primary broker provides extensive support services

3. Marketing and Promotion: Specifies marketing guidelines and approval processes - include when the introducing broker will conduct marketing activities

4. Insurance Requirements: Stipulates required insurance coverage - include when specific insurance requirements are needed

5. Service Levels: Defines specific performance metrics - include when quantitative service levels are required

6. White Labeling: Addresses white-label service arrangements - include when services will be white-labeled

7. Data Protection: Detailed data protection obligations - include when handling significant personal data

8. Force Majeure: Addresses unforeseen circumstances - include when required for risk allocation

Suggested Schedules

1. Commission Structure: Detailed breakdown of commission rates, tiers, and calculation methods

2. Approved Products and Services: List of financial products and services the introducing broker is authorized to promote

3. Territory Definition: Detailed description of geographical or client segment boundaries

4. Compliance Procedures: Specific compliance requirements and procedures to be followed

5. Required Documentation: Templates and forms for client onboarding and transactions

6. Service Level Requirements: Detailed performance metrics and reporting requirements

7. Marketing Guidelines: Specific requirements for marketing materials and approval processes

8. Technical Requirements: IT systems, security, and connectivity requirements

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

Banking

Investment Management

Insurance

Wealth Management

Foreign Exchange

Securities Trading

Commodities Trading

Financial Technology

Professional Services

Relevant Teams

Legal

Compliance

Risk Management

Operations

Business Development

Client Services

Finance

Partnership Management

Regulatory Affairs

Commercial

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Head of Compliance

Legal Counsel

Compliance Officer

Risk Manager

Business Development Manager

Relationship Manager

Head of Operations

Financial Controller

Head of Legal

Partnership Manager

Broker Relations Manager

AML Compliance Officer

Head of Client Services

Chief Risk Officer

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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