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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."
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
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
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
Applicable Laws
Authorized Activities
Business Day
Client
Commencement Date
Commission
Confidential Information
FMA
Financial Instruments
Financial Services
Intellectual Property Rights
Investment Services
Material Breach
MiFID II
Principal Broker
Professional Indemnity Insurance
Regulated Activities
Regulatory Requirements
Services
Sub-Broker
Sub-Broker Portal
Territory
Transaction
WAG 2018
Working Hours
Approved Products
Client Data
Compliance Manual
Fees
Group
License
Marketing Materials
Operating Procedures
Performance Standards
Product Documentation
Regulatory Authority
Reporting Period
Trade Secrets
Trading Account
Authorization
Regulatory Compliance
Scope of Services
Duties and Obligations
Commission and Payment
Representations and Warranties
Client Relationships
Confidentiality
Data Protection
Record Keeping
Reporting Requirements
Non-Competition
Non-Solicitation
Intellectual Property
Indemnification
Limitation of Liability
Insurance
Term and Duration
Termination
Force Majeure
Assignment
Amendments
Notices
Governing Law
Dispute Resolution
Entire Agreement
Severability
Anti-Money Laundering
Compliance with Policies
Training and Certification
Marketing and Branding
Territory Rights
Performance Standards
Audit Rights
Financial Services
Insurance
Investment Banking
Real Estate
Securities Trading
Wealth Management
Corporate Finance
Commodity Trading
Asset Management
Legal
Compliance
Risk Management
Business Development
Operations
Finance
Regulatory Affairs
Sales
Partnerships
Contract Administration
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
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