Sub Broker Agreement Template for Austria

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Key Requirements PROMPT example:

Sub Broker Agreement

"I need a Sub Broker Agreement under Austrian law for appointing a financial services sub-broker who will operate internationally, particularly in DACH regions, with strict compliance requirements and the ability to sell our full range of investment products starting March 2025."

Document background
The Sub Broker Agreement is essential for financial services firms operating in Austria who wish to expand their distribution network through appointed sub-brokers. This document is particularly relevant when a licensed broker wants to delegate certain intermediary functions while maintaining regulatory compliance. The agreement must align with Austrian financial regulations, including the WAG 2018, UGB, and relevant EU directives such as MiFID II. It typically includes detailed provisions on service scope, compliance requirements, compensation structures, and operational procedures. The document is crucial for risk management and regulatory compliance, especially in contexts where the sub-broker will be interacting with clients or handling financial products on behalf of the primary broker.
Suggested Sections

1. Parties: Identification of the primary broker and sub-broker, including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, including the primary broker's authority to engage sub-brokers and the general purpose of the arrangement

3. Definitions: Key terms used throughout the agreement, including regulatory terms specific to Austrian financial services law

4. Appointment and Scope: Terms of the sub-broker's appointment and detailed scope of authorized activities

5. Regulatory Compliance: Obligations regarding Austrian financial regulations, including WAG 2018 and FM-GwG requirements

6. Duties and Responsibilities: Specific obligations of the sub-broker, including reporting requirements and standard of service

7. Compensation: Commission structure, payment terms, and calculation methods

8. Compliance with Principal's Policies: Obligation to comply with the primary broker's operational procedures and policies

9. Confidentiality: Provisions regarding confidential information and data protection under Austrian law

10. Term and Termination: Duration of the agreement and circumstances for termination

11. Non-Competition and Non-Solicitation: Restrictions on competitive activities during and after the agreement

12. Indemnification: Mutual indemnification provisions and liability limitations

13. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement provisions

Optional Sections

1. International Operations: Required when the sub-broker operates across multiple jurisdictions, addressing cross-border compliance requirements

2. Specific Product Lines: Needed when the sub-broker is limited to specific financial products or services

3. Training Requirements: Include when specific training or certification requirements apply to the sub-broker's activities

4. Marketing and Branding: Required when the sub-broker is authorized to use the primary broker's brand and marketing materials

5. Insurance Requirements: Include when specific professional liability insurance requirements apply

6. Client Data Management: Required when the sub-broker will handle significant client data, addressing GDPR compliance

7. Minimum Performance Standards: Include when specific performance targets or metrics apply to the relationship

Suggested Schedules

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

2. Schedule 2 - Approved Products and Services: List of financial products and services the sub-broker is authorized to intermediate

3. Schedule 3 - Compliance Procedures: Detailed compliance requirements and procedures to be followed

4. Schedule 4 - Reporting Templates: Standard forms and templates for required reporting

5. Schedule 5 - Territory Definition: Geographical areas where the sub-broker is authorized to operate

6. Appendix A - Required Qualifications: List of mandatory qualifications and certifications

7. Appendix B - Data Protection Requirements: Specific data protection and privacy requirements under Austrian law

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

Insurance

Investment Banking

Real Estate

Securities Trading

Wealth Management

Corporate Finance

Commodity Trading

Asset Management

Relevant Teams

Legal

Compliance

Risk Management

Business Development

Operations

Finance

Regulatory Affairs

Sales

Partnerships

Contract Administration

Relevant Roles

Compliance Officer

Legal Counsel

Broker-Dealer

Financial Intermediary

Risk Manager

Business Development Manager

Operations Director

Chief Compliance Officer

Regulatory Affairs Manager

Sales Director

Financial Services Manager

Contract Manager

Partnership Manager

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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