The Brokerage Contract serves as the primary legal instrument for establishing and governing professional intermediary relationships in Belgium. It is essential for situations where a broker acts as an intermediary to facilitate transactions or business relationships on behalf of a client. The document incorporates crucial elements required under Belgian law, including specific provisions from the Civil Code and Commercial Code, while addressing sector-specific regulations where applicable. This contract type is particularly important as it defines the scope of authority, commission structures, and professional obligations while ensuring compliance with Belgian regulatory requirements, including data protection and anti-money laundering provisions where relevant. It provides legal certainty and protection for both the broker and the client by clearly delineating rights, responsibilities, and remedies available under Belgian law.
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1. Parties: Identification of the broker and the client, including full legal names, addresses, and registration numbers
2. Background: Context of the agreement and brief description of the parties' business activities
3. Definitions: Key terms used throughout the agreement, including specific industry terminology
4. Scope of Services: Detailed description of brokerage services to be provided
5. Territory and Duration: Geographic area where services will be provided and term of the agreement
6. Broker's Rights and Obligations: Detailed responsibilities of the broker, including reporting requirements and professional standards
7. Client's Rights and Obligations: Client's responsibilities, including information provision and cooperation requirements
8. Commission Structure: Detailed explanation of fees, commission rates, and payment terms
9. Confidentiality: Obligations regarding confidential information and trade secrets
10. Data Protection: GDPR compliance provisions and data handling procedures
11. Termination: Conditions and procedures for ending the agreement
12. Post-Termination Obligations: Continuing obligations after contract end, including commission on pending transactions
13. Governing Law and Jurisdiction: Confirmation of Belgian law application and competent courts
14. General Provisions: Standard clauses including force majeure, notices, and amendments
1. Exclusivity: Used when the broker has exclusive rights to represent the client in specified transactions
2. Professional Insurance: Details of required professional liability insurance, particularly relevant for regulated brokers
3. Anti-Money Laundering Compliance: Required for brokers handling financial transactions or real estate
4. Marketing and Promotion: Specific terms regarding marketing of client's products or properties
5. Training and Support: Used when broker requires specific product training or ongoing support
6. Sub-Agents: Terms governing the appointment and management of sub-agents if permitted
7. Minimum Performance Requirements: Include when setting specific performance targets or quotas
8. Intellectual Property: Required when broker will use client's trademarks or proprietary materials
1. Schedule 1 - Commission Rates: Detailed breakdown of commission structures and calculation methods
2. Schedule 2 - Service Level Agreement: Specific performance metrics and service standards
3. Schedule 3 - Compliance Requirements: Regulatory requirements and compliance procedures
4. Schedule 4 - Approved Marketing Materials: List of approved marketing materials and usage guidelines
5. Schedule 5 - Data Processing Agreement: Detailed GDPR-compliant data processing terms
6. Schedule 6 - Territory Description: Detailed description of geographic territory and any exclusions
7. Appendix A - Required Forms and Documents: Templates for required reporting and documentation
8. Appendix B - Professional Certifications: Copies of relevant licenses and certifications
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