Master Broker Agreement for India

Master Broker Agreement Template for India

A comprehensive agreement governed by Indian law that establishes the terms and conditions between a licensed stock broker and their clients for securities trading services. The document incorporates requirements from SEBI regulations, stock exchange rules, and Indian contract law, defining the scope of broking services, rights and obligations of parties, trading parameters, risk disclosures, and compliance requirements. It serves as the primary agreement governing the broker-client relationship in Indian securities markets, including provisions for both traditional and electronic trading services.

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What is a Master Broker Agreement?

The Master Broker Agreement is a fundamental document required for establishing and governing the relationship between licensed stock brokers and their clients in India. This agreement is essential for compliance with SEBI (Securities and Exchange Board of India) regulations and various Indian securities market requirements. It encompasses comprehensive terms for securities trading, including account operation, trading rights, risk disclosures, and regulatory compliance obligations. The document is designed to meet the requirements of the Securities Contracts (Regulation) Act, SEBI guidelines, and relevant exchange regulations, while providing flexibility to accommodate both retail and institutional clients. The Master Broker Agreement serves as the primary contract governing all trading activities and related services provided by the broker to their clients in Indian financial markets.

What sections should be included in a Master Broker Agreement?

1. Parties: Identification of the contracting parties - the broker and the client

2. Background: Context of the agreement, including broker's registration details and regulatory status

3. Definitions: Key terms used throughout the agreement, including regulatory and market-specific terminology

4. Scope of Services: Detailed description of broking services to be provided

5. Regulatory Compliance: Obligations regarding SEBI regulations, exchange rules, and other applicable laws

6. Client Obligations: Client's responsibilities, including providing accurate information and maintaining minimum balances

7. Broker Obligations: Broker's duties, responsibilities, and service standards

8. Trading and Execution: Terms governing order placement, execution, and trade confirmation

9. Fees and Commissions: Detailed fee structure, brokerage rates, and payment terms

10. Risk Disclosure: Mandatory risk warnings and acknowledgments

11. Account Operations: Procedures for account management, funds transfer, and settlements

12. Default and Consequences: Events of default and resulting actions

13. Termination: Conditions and procedures for terminating the agreement

14. Confidentiality: Protection of confidential information and trade secrets

15. Dispute Resolution: Procedures for handling disputes, including arbitration provisions

16. Governing Law: Specification of Indian law as governing law and jurisdiction

What sections are optional to include in a Master Broker Agreement?

1. Electronic Trading Platform: Terms specific to electronic trading services, required if online trading is offered

2. Research Services: Terms governing research and advisory services, if provided

3. Margin Trading: Specific terms for margin trading facilities, if offered

4. Sub-broker Arrangements: Terms regarding sub-broker relationships, if applicable

5. International Trading: Provisions for international market access, if offered

6. Portfolio Management: Terms for additional portfolio management services, if provided

7. Algorithm Trading: Specific terms for algorithmic trading facilities, if offered

8. Institutional Client Provisions: Special terms applicable to institutional clients

What schedules should be included in a Master Broker Agreement?

1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, charges, and commission structures

2. Schedule 2 - Trading Rules: Specific trading rules, including order types and execution policies

3. Schedule 3 - Risk Disclosure Document: Mandatory risk disclosure as per SEBI requirements

4. Schedule 4 - KYC Requirements: Documentation and information requirements for client onboarding

5. Schedule 5 - Exchange Specifications: List of exchanges and segments where trading is permitted

6. Schedule 6 - Technical Requirements: Technical specifications for electronic trading systems

7. Appendix A - Power of Attorney: Standard POA format for operating client account

8. Appendix B - Declaration Forms: Standard declarations and confirmations required from clients

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

Jurisdiction

India

Publisher

Genie AI

Document Type

Broker Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Investment Banking

Securities Trading

Wealth Management

Asset Management

Corporate Finance

Banking

Insurance

Investment Advisory

FinTech

Relevant Teams

Legal

Compliance

Risk Management

Operations

Trading

Client Services

Business Development

Regulatory Affairs

Account Management

Documentation

Relevant Roles

Chief Compliance Officer

Legal Counsel

Compliance Manager

Risk Manager

Operations Director

Trading Manager

Client Relationship Manager

Business Development Manager

Chief Operating Officer

Head of Trading

Head of Operations

Legal Director

Regulatory Affairs Manager

Account Manager

Chief Risk Officer

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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