The Net Brokerage Agreement serves as a fundamental document for establishing professional brokerage relationships in New Zealand's financial and commercial sectors. This agreement is essential when parties wish to formalize a brokerage arrangement where fees are calculated on a net basis, typically used in financial services, real estate, or commodity trading. The document ensures compliance with New Zealand's regulatory requirements, including the Financial Markets Conduct Act 2013, Financial Service Providers (Registration and Dispute Resolution) Act 2008, and relevant industry regulations. It provides comprehensive coverage of service terms, fee structures, compliance obligations, and risk management protocols, making it suitable for both simple and complex brokerage arrangements within the New Zealand jurisdiction.
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1. Parties: Identification of the broker and the client, including full legal names and registered addresses
2. Background: Context of the agreement, including the broker's qualifications and the client's desire to engage brokerage services
3. Definitions: Key terms used throughout the agreement, including 'Net Brokerage', 'Services', 'Commission', and other relevant terminology
4. Appointment and Scope: Formal appointment of the broker and detailed scope of services to be provided
5. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
6. Broker's Obligations: Key responsibilities and duties of the broker, including service standards and compliance requirements
7. Client's Obligations: Responsibilities of the client, including provision of information and cooperation
8. Fees and Commission Structure: Detailed explanation of the net brokerage fee calculation and payment terms
9. Confidentiality: Obligations regarding confidential information handling and protection
10. Compliance and Regulatory Requirements: Compliance with relevant New Zealand laws and regulations
11. Liability and Indemnification: Limitations of liability and mutual indemnification provisions
12. General Provisions: Standard clauses including notices, amendments, governing law, and dispute resolution
1. Exclusivity: Optional clause defining whether the broker has exclusive rights to represent the client
2. Sub-brokers: Provisions for engaging sub-brokers or agents, if permitted
3. Insurance Requirements: Specific insurance obligations beyond standard professional indemnity
4. Electronic Trading Platforms: Terms related to use of specific trading platforms or technology
5. International Transactions: Additional provisions for cross-border transactions
6. Force Majeure: Provisions for handling unforeseen circumstances affecting performance
7. Non-Solicitation: Restrictions on soliciting employees or clients
8. Data Protection: Additional privacy and data protection requirements beyond standard confidentiality
1. Schedule 1 - Fee Schedule: Detailed breakdown of commission rates, fees, and calculation methods
2. Schedule 2 - Service Specifications: Detailed description of specific services to be provided
3. Schedule 3 - Authorized Representatives: List of authorized personnel from both parties
4. Schedule 4 - Compliance Procedures: Specific compliance and reporting procedures
5. Appendix A - Required Documents: List of documents required from the client for regulatory compliance
6. Appendix B - Service Level Standards: Detailed service level expectations and performance metrics
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