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Broker Seller Agreement
"I need a Broker Seller Agreement for my financial services company based in Cape Town, appointing an independent broker to sell our investment products, with strict FAIS Act compliance requirements and a tiered commission structure starting from March 2025."
1. Parties: Identification and details of the broker and seller, including registration numbers, licenses, and contact information
2. Background: Context of the agreement and brief description of the business relationship
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Appointment and Scope: Terms of the broker's appointment and detailed scope of services to be provided
5. Duration and Territory: Term of the agreement and geographical area where broker may operate
6. Broker's Rights and Obligations: Detailed responsibilities, duties, and rights of the broker including compliance requirements
7. Seller's Rights and Obligations: Responsibilities and obligations of the seller, including information provision and cooperation
8. Commission Structure: Detailed breakdown of commission rates, calculation methods, and payment terms
9. Compliance and Regulations: Compliance with FAIS Act, FICA, and other relevant legislation
10. Confidentiality: Protection of confidential information and trade secrets
11. Representations and Warranties: Statements and guarantees made by both parties
12. Termination: Conditions and procedures for termination of the agreement
13. Dispute Resolution: Procedures for handling disputes between parties
14. General Provisions: Standard legal clauses including notices, amendments, and governing law
1. Exclusivity: Terms of exclusive rights granted to the broker, used when exclusive arrangement is agreed
2. Performance Targets: Specific sales or performance targets for the broker, included when performance-based arrangements are required
3. Training and Support: Details of training and support provided by seller to broker, included for complex products or services
4. Marketing and Advertising: Terms regarding marketing activities and brand usage, included when broker has marketing responsibilities
5. Sub-brokers: Terms for appointment and management of sub-brokers, included when sub-broking is permitted
6. Insurance Requirements: Specific insurance requirements for broker, included for high-risk products or services
7. Data Protection: Specific provisions for handling personal data, included when significant personal data processing is involved
1. Schedule A - Commission Structure: Detailed breakdown of commission rates, tiers, and special arrangements
2. Schedule B - Products and Services: Comprehensive list of products/services the broker is authorized to sell
3. Schedule C - Territory Map: Detailed map and description of authorized territory
4. Schedule D - Performance Metrics: Detailed performance indicators and measurement criteria
5. Schedule E - Compliance Procedures: Detailed compliance procedures and requirements
6. Appendix 1 - Required Documentation: List of required documentation for transactions and compliance
7. Appendix 2 - Contact Details: Complete contact information for key personnel and offices
Authors
Applicable Laws
Broker
Broker Services
Business Day
Commission
Commencement Date
Confidential Information
Customer
Effective Date
FAIS Act
Force Majeure
Intellectual Property Rights
Net Sales
Notice
Parties
Products
Professional Indemnity Insurance
Regulatory Authority
Seller
Services
Sub-broker
Territory
Term
Termination Date
Trade Secrets
Transaction
Valid Claim
Working Hours
Commission Period
Compliance Requirements
Consumer Protection Act
Documentation
Excluded Territory
FICA Requirements
Financial Product
Financial Service
Gross Sales
Key Performance Indicators
Material Breach
Minimum Performance Requirements
Operating Procedures
Performance Targets
Professional Body
Quarterly Review
Regulated Activities
Sales Target
Service Level Standards
Termination Notice Period
Authority
Broker Services
Commission
Compliance
Confidentiality
Conflicts of Interest
Data Protection
Dispute Resolution
Documentation
Duration
Exclusivity
Force Majeure
General Provisions
Governing Law
Indemnification
Insurance
Intellectual Property
Notices
Performance Requirements
Professional Standards
Regulatory Compliance
Relationship of Parties
Reporting
Representations and Warranties
Risk Allocation
Severability
Sub-broking
Termination
Territory
Training and Support
Variation
Warranties
Financial Services
Real Estate
Insurance
Securities and Investments
Commodities Trading
Manufacturing
Import/Export
Wholesale Distribution
Agricultural Products
Technology Services
Legal
Compliance
Sales
Business Development
Commercial
Risk Management
Channel Management
Operations
Partner Relations
Distribution
Regulatory Affairs
Legal Counsel
Compliance Officer
Business Development Manager
Sales Director
Commercial Director
Broker Relations Manager
Channel Manager
Chief Executive Officer
Chief Operating Officer
Risk Manager
Contracts Manager
Partnership Manager
Distribution Manager
Regional Sales Manager
Regulatory Affairs Manager
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