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Broker Fee Contract

Broker Fee Contract Template for Malaysia

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Key Requirements PROMPT example:

Broker Fee Contract

"I need a Broker Fee Contract for a real estate brokerage firm in Kuala Lumpur, with a 2% commission structure and exclusive rights for luxury properties valued above RM5 million, starting from March 2025."

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Document background
The Broker Fee Contract serves as a critical legal instrument in Malaysian business transactions, establishing the formal relationship between brokers and their clients. This document is essential when engaging brokerage services in Malaysia, whether for financial securities, real estate, insurance, or other commercial transactions. It outlines the broker's compensation structure, responsibilities, and service scope while ensuring compliance with Malaysian regulations, particularly the Capital Markets and Services Act 2007 and Financial Services Act 2013. The contract addresses key aspects such as commission rates, payment terms, performance expectations, and regulatory obligations, providing a clear framework for the broker-client relationship while protecting both parties' interests under Malaysian law.
Suggested Sections

1. Parties: Identification of the broker and the client, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement and brief description of the broker's services and client's requirements

3. Definitions: Definitions of key terms used throughout the agreement

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

5. Broker's Obligations: Key responsibilities and duties of the broker

6. Client's Obligations: Key responsibilities and obligations of the client

7. Fee Structure: Detailed breakdown of broker fees, commission rates, and payment terms

8. Payment Terms: Timing and method of payment, including invoicing procedures

9. Term and Termination: Duration of the agreement and conditions for termination

10. Confidentiality: Obligations regarding confidential information

11. Representations and Warranties: Standard warranties and representations by both parties

12. Limitation of Liability: Limits on broker's liability and indemnification provisions

13. Governing Law: Specification of Malaysian law as governing law and jurisdiction

14. Execution: Signature blocks and execution requirements

Optional Sections

1. Exclusivity: Used when the broker is granted exclusive rights for specific transactions or territory

2. Performance Metrics: Include when specific performance standards or KPIs are required

3. Insurance: Required when specific insurance coverage needs to be maintained by the broker

4. Dispute Resolution: Alternative dispute resolution procedures, if preferred over court proceedings

5. Force Majeure: Include when protection against unforeseen circumstances is required

6. Assignment: Include when transfer of rights needs to be specifically addressed

7. Anti-Money Laundering Compliance: Required for financial services brokers subject to AML regulations

8. Marketing and Promotion: Include when the broker will conduct marketing activities

Suggested Schedules

1. Schedule A - Fee Schedule: Detailed breakdown of all fees, commission rates, and calculation methods

2. Schedule B - Service Level Agreement: Specific service standards and response times

3. Schedule C - Compliance Requirements: Regulatory and compliance obligations specific to the brokerage services

4. Schedule D - Authorized Representatives: List of authorized personnel who can act on behalf of each party

5. Appendix 1 - Required Documentation: List of documents required from clients for regulatory compliance

6. Appendix 2 - Territory Definition: Definition of geographical areas covered by the agreement if applicable

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Broker
Client
Services
Commission
Success Fee
Transaction
Effective Date
Termination Date
Confidential Information
Business Day
Force Majeure Event
Intellectual Property Rights
Market Rate
Professional Standards
Regulatory Authority
Securities
Territory
Working Hours
Material Breach
Payment Date
Service Level
Transaction Value
Compliance Requirements
Due Diligence
Identity Card
License
Professional Indemnity Insurance
Registration Number
Brokerage Account
Commission Rate
Contract Period
Default Event
Gross Value
Invoice
Notice
Performance Standards
Records
Regulatory Approval
Relevant Industries

Financial Services

Real Estate

Insurance

Commodities Trading

Securities Trading

Import/Export

Maritime

Business Services

Investment Banking

Property Development

Relevant Teams

Legal

Compliance

Finance

Operations

Risk Management

Business Development

Commercial

Client Relations

Treasury

Procurement

Relevant Roles

Broker

Financial Advisor

Compliance Officer

Legal Counsel

Contract Manager

Risk Manager

Business Development Manager

Operations Director

Chief Financial Officer

Relationship Manager

Investment Advisor

Real Estate Agent

Insurance Broker

Trading Manager

Commercial Director

Industries
Capital Markets and Services Act 2007: Primary legislation governing securities and derivatives markets, including licensing requirements for brokers and intermediaries in Malaysia
Contracts Act 1950: Fundamental law governing formation and enforcement of contracts in Malaysia, essential for ensuring the broker fee agreement is legally binding
Financial Services Act 2013: Regulates financial institutions and financial intermediaries, including provisions relevant to broker services and fee arrangements
Sales of Goods Act 1957: May be relevant if the brokerage involves goods trading, defining rights and obligations of parties in commercial transactions
Consumer Protection Act 1999: Relevant if the broker services are provided to individual consumers, ensuring fair trading practices and consumer rights
Securities Commission Malaysia Guidelines: Regulatory guidelines specific to broker conduct, fee structures, and professional obligations
Income Tax Act 1967: Relevant for tax treatment of broker fees and commission income
Stamp Act 1949: Requirements for proper stamping of broker fee agreements to ensure legal enforceability
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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