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Introducing Broker Contract
"I need an Introducing Broker Contract under Austrian law for my FinTech company that will introduce institutional clients to an investment bank for cryptocurrency trading services, with the agreement starting March 1, 2025, and including specific provisions for cross-border client introductions in the EU."
1. Parties: Identification of the introducing broker and the receiving institution, including their full legal names, registration details, and addresses
2. Background: Context of the agreement, brief description of both parties' businesses, and the purpose of the introducing broker arrangement
3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Introduced Clients', 'Services', 'Commission', etc.
4. Scope of Services: Detailed description of the introducing broker's services, including client introduction process and any limitations
5. Appointments and Authority: Terms of the broker's appointment, scope of authority, and territorial limitations if any
6. Obligations of the Introducing Broker: Detailed responsibilities including client verification, documentation, compliance with regulations, and reporting requirements
7. Obligations of the Receiving Institution: Responsibilities regarding client acceptance, service provision, and support to the introducing broker
8. Compliance and Regulatory Requirements: Obligations regarding AML, KYC, market regulations, and other applicable laws
9. Commission Structure: Detailed description of commission calculations, payment terms, and conditions for commission eligibility
10. Confidentiality: Provisions for handling confidential information and client data
11. Data Protection: GDPR compliance and data handling requirements
12. Term and Termination: Duration of the agreement, renewal terms, and termination provisions
13. Post-Termination Obligations: Ongoing obligations after contract termination, including commission payments and client handling
14. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Training and Support: Details of training and support provided by the receiving institution, included when the arrangement involves complex products or services
2. Marketing and Branding: Guidelines for using the receiving institution's brand and marketing materials, included when the broker will engage in marketing activities
3. Non-Compete Clause: Restrictions on working with competitors, included when exclusivity is required
4. Insurance Requirements: Specific insurance coverage requirements, included when the broker needs professional indemnity insurance
5. Dispute Resolution: Alternative dispute resolution procedures, included when parties prefer arbitration or mediation
6. Force Majeure: Provisions for unforeseen circumstances, included when dealing with international arrangements or complex services
7. Service Level Agreement: Specific performance metrics and standards, included when quantitative service levels need to be maintained
1. Commission Schedule: Detailed breakdown of commission rates, tiers, and calculation methods
2. Approved Products and Services: List of products and services the broker is authorized to promote
3. Compliance Procedures: Detailed procedures for client verification, documentation, and regulatory compliance
4. Required Documentation: Templates and forms for client introductions and ongoing reporting
5. Territory Definition: Detailed description of geographical areas covered by the agreement
6. Contact Details: Key contacts at both organizations and escalation procedures
7. Data Processing Agreement: Detailed GDPR-compliant data processing terms and procedures
Authors
Applicable Law
Approved Products
Business Day
Client Documentation
Commission
Confidential Information
Effective Date
Eligible Client
Force Majeure Event
Intellectual Property Rights
Introduced Client
Introduction
Investment Services
KYC Procedures
Material Adverse Change
Minimum Performance Requirements
Non-Public Information
Notice
Personal Data
Regulatory Authority
Regulatory Requirements
Representatives
Services
Term
Territory
Transaction
WAG 2018
Working Hours
Client Acceptance Criteria
Commission Period
Compliance Manual
Data Protection Laws
Due Diligence Requirements
Financial Products
Introducing Broker Services
Marketing Materials
Qualified Introduction
Receiving Institution
Referral Fee
Authority and Scope
Services
Commission
Payment Terms
Compliance
Regulatory Requirements
Client Introduction
Due Diligence
Anti-Money Laundering
Data Protection
Confidentiality
Non-Solicitation
Non-Competition
Intellectual Property
Representations and Warranties
Indemnification
Term
Termination
Force Majeure
Assignment
Notices
Governing Law
Dispute Resolution
Entire Agreement
Severability
Amendments
Client Records
Marketing
Professional Insurance
Reporting Requirements
Audit Rights
Service Levels
Survival
Financial Services
Banking
Investment Management
Securities Trading
Wealth Management
Insurance
FinTech
Asset Management
Corporate Finance
Private Banking
Legal
Compliance
Business Development
Operations
Risk Management
Client Services
Regulatory Affairs
Finance
Partnerships
Product Management
Compliance Officer
Legal Counsel
Business Development Manager
Relationship Manager
Chief Operating Officer
Risk Manager
Financial Controller
Head of Partnerships
Regulatory Affairs Director
Client Services Manager
Operations Manager
Chief Compliance Officer
Business Development Director
Partnership Manager
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