The Introducer Agreement Commission is essential for businesses operating in Malta's regulated environment who wish to formalize relationships with third parties for client introductions. This document type is particularly crucial in Malta's financial services sector, where strict regulatory oversight requires clear documentation of business relationships and commission structures. The agreement typically includes detailed provisions for regulatory compliance, commission calculations, payment terms, and operational procedures. It's designed to meet requirements set by the Malta Financial Services Authority (MFSA) and other relevant regulatory bodies, while protecting both the principal and introducer's interests. The document is especially relevant for regulated entities seeking to expand their client base through formal introduction arrangements while maintaining compliance with Maltese law.
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1. Parties: Identification of the Principal and the Introducer with full legal details
2. Background: Context of the agreement and brief description of the parties' business activities
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Scope: Terms of appointment and detailed scope of introduction services
5. Introducer's Obligations: Key responsibilities including due diligence, information provision, and regulatory compliance
6. Principal's Obligations: Responsibilities of the principal including support, information, and marketing materials
7. Commission Structure: Details of commission rates, calculation methods, and qualifying criteria
8. Payment Terms: Commission payment procedures, timing, and reporting requirements
9. Compliance: Regulatory compliance obligations including AML, GDPR, and financial services regulations
10. Representations and Warranties: Standard warranties regarding capacity, authority, and regulatory status
11. Term and Termination: Duration of agreement and termination provisions
12. Confidentiality: Protection of confidential information and trade secrets
13. Data Protection: GDPR compliance and data handling requirements
14. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Training and Support: Optional section detailing training and support provided by the Principal, used when complex products/services are involved
2. Marketing Guidelines: Optional section specifying marketing restrictions and requirements, used when the Introducer will be involved in marketing activities
3. Non-Compete: Optional section restricting the Introducer from competing activities, used in sensitive market sectors
4. Intellectual Property: Optional section covering IP rights and usage, used when branded materials or proprietary systems are involved
5. Insurance: Optional section specifying insurance requirements, used when required by regulatory framework or risk profile
6. Service Levels: Optional section defining performance metrics, used in high-volume or performance-based arrangements
1. Commission Rates Schedule: Detailed breakdown of commission rates for different products/services
2. Introduced Business Requirements: Criteria for qualifying introductions and client acceptance
3. Compliance Procedures: Detailed AML and compliance procedures to be followed
4. Reporting Templates: Standard forms for introduction and commission reporting
5. Data Processing Agreement: Detailed GDPR compliant data processing terms
6. Territory Schedule: Definition of geographical territories covered by the agreement
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