Broker Client Agreement Template for Austria

The Broker Client Agreement is a fundamental legal document required for establishing and governing the relationship between licensed brokers and their clients in Austria. This agreement is essential for compliance with Austrian financial regulations, particularly the Securities Supervision Act (WAG 2018) and the Austrian Commercial Code (UGB). It outlines the scope of brokerage services, fee structures, risk disclosures, and regulatory obligations. The document is designed to protect both parties' interests while ensuring transparency and regulatory compliance in financial services activities. It includes specific provisions for client classification, conflict of interest management, and data protection under Austrian law. The agreement should be used whenever a broker begins a new client relationship and must be tailored based on whether the client is retail, professional, or institutional.

1. Parties: Identification of the broker and client, including registration/license numbers and contact details

2. Background: Context of the agreement and brief description of the brokerage services to be provided

3. Definitions: Key terms used throughout the agreement, including regulatory and technical terms

4. Scope of Services: Detailed description of brokerage services provided, including any limitations

5. Client Classification: Classification of the client (retail/professional) as per WAG 2018 requirements

6. Broker's Rights and Obligations: Detailed responsibilities and duties of the broker under Austrian law

7. Client's Rights and Obligations: Client's responsibilities, including information provision and cooperation requirements

8. Fees and Compensation: Structure and calculation of broker's fees, payment terms, and additional charges

9. Risk Disclosures: Mandatory risk warnings and acknowledgments as required by Austrian regulations

10. Conflicts of Interest: Disclosure and management of potential conflicts as per WAG 2018

11. Data Protection: GDPR compliance provisions and data handling procedures

12. Anti-Money Laundering: AML compliance requirements and procedures

13. Term and Termination: Duration of agreement and termination provisions

14. Liability and Indemnification: Limitations of liability and indemnification provisions under Austrian law

15. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction

16. Miscellaneous: Standard provisions including severability, entire agreement, and amendments