Commercial Broker Agreement for the Netherlands

Commercial Broker Agreement Template for Netherlands

This document is a comprehensive Commercial Broker Agreement governed by Dutch law, specifically aligned with the provisions of the Dutch Civil Code (Burgerlijk Wetboek). It establishes the legal framework for a brokerage relationship, detailing the appointment of a broker, their rights and obligations, commission structure, and service requirements. The agreement incorporates relevant Dutch regulatory requirements, including financial supervision laws where applicable, and addresses key aspects such as confidentiality, data protection under GDPR, and liability provisions specific to the Dutch legal context.

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What is a Commercial Broker Agreement?

The Commercial Broker Agreement is essential for businesses operating in the Netherlands that require intermediary services for their commercial transactions. This document type is specifically designed to comply with Dutch law, particularly the provisions of the Dutch Civil Code regarding brokerage (bemiddeling) and service agreements (overeenkomst van opdracht). It is commonly used when a company needs to appoint a broker to facilitate business transactions, arrange deals, or represent their interests in specific markets. The agreement covers crucial elements such as scope of services, commission structures, compliance with Dutch regulatory requirements, and risk allocation. It's particularly important in regulated sectors where specific financial supervision rules apply, and includes necessary provisions for GDPR compliance and professional liability under Dutch law.

What sections should be included in a Commercial Broker Agreement?

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

2. Background: Context of the agreement, brief description of the broker's business, and the principal's requirements

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

4. Appointment and Scope: Terms of the broker's appointment and detailed scope of services to be provided

5. Broker's Obligations: Core duties, professional standards, compliance requirements, and service delivery expectations

6. Principal's Obligations: Responsibilities of the principal, including information provision and cooperation requirements

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

8. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

9. Confidentiality: Obligations regarding confidential information handling and protection

10. Data Protection: GDPR compliance measures and data handling procedures

11. Liability and Indemnification: Limitations of liability and indemnification obligations

12. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments

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

1. Exclusivity: Terms regarding exclusive rights of the broker, used when the parties agree to an exclusive arrangement

2. Territory: Geographic scope of the broker's activities, included when territorial restrictions apply

3. Performance Targets: Specific performance metrics and consequences, used in performance-based arrangements

4. Regulatory Compliance: Specific regulatory obligations, included for regulated sectors like financial services or real estate

5. Insurance: Insurance requirements and coverage details, important for high-value transactions

6. Non-Compete: Restrictions on competitive activities, used when protecting market position

7. Marketing and Branding: Guidelines for using principal's branding, included when broker represents principal's brand

8. Dispute Resolution: Alternative dispute resolution procedures, useful for international arrangements

What schedules should be included in a Commercial Broker Agreement?

1. Schedule 1 - Services Description: Detailed description of brokerage services and specific procedures

2. Schedule 2 - Commission Rates: Detailed commission structure, calculation methods, and examples

3. Schedule 3 - Service Levels: Performance standards, response times, and quality metrics

4. Schedule 4 - Compliance Requirements: Specific regulatory requirements and compliance procedures

5. Schedule 5 - Approved Sub-brokers: List of approved sub-brokers if applicable

6. Appendix A - Required Documentation: Templates and forms for transaction documentation

7. Appendix B - Reporting Templates: Standard formats for performance and transaction reporting

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

Netherlands

Publisher

Genie AI

Document Type

Broker Agreement

Cost

Free to use
Relevant legal definitions
Relevant Industries

Real Estate

Financial Services

Insurance

Commodities Trading

Import/Export

Maritime

Technology

Manufacturing

Energy

Telecommunications

Professional Services

Construction

Agricultural Products

Pharmaceutical

Relevant Teams

Legal

Compliance

Commercial

Sales

Business Development

Operations

Risk Management

Procurement

Executive Leadership

Finance

Corporate Affairs

Contract Management

Relevant Roles

Commercial Director

Legal Counsel

Compliance Officer

Business Development Manager

Contract Manager

Chief Commercial Officer

Procurement Manager

Sales Director

Risk Manager

Operations Director

General Counsel

Chief Executive Officer

Business Broker

Commercial Broker

Transaction Manager

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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