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Broker Dealer Contract
"I need a Broker Dealer Contract under Saudi Arabian law for my fintech company that will provide online trading services to retail clients, with specific provisions for Sharia-compliant trading and electronic platform access, to be implemented by March 2025."
1. Parties: Identification of the broker-dealer and the client, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, including broker-dealer's licensing status and CMA authorization
3. Definitions: Key terms used throughout the agreement, including regulatory terminology and service-specific definitions
4. Scope of Services: Detailed description of brokerage and dealing services to be provided, including any limitations
5. Regulatory Compliance: Acknowledgment of CMA regulations and Sharia compliance requirements
6. Client Classification: Classification of client category as per CMA regulations (retail/qualified/institutional)
7. Representations and Warranties: Statements of fact and assurances from both parties regarding their capacity, authority, and compliance
8. Client Assets: Provisions regarding handling and protection of client money and assets
9. Fees and Commissions: Details of all charges, fees, and commission structures
10. Risk Disclosures: Mandatory risk warnings and disclaimers
11. Confidentiality: Provisions regarding the protection of confidential information
12. Anti-Money Laundering: AML/CFT obligations and compliance requirements
13. Term and Termination: Duration of agreement and circumstances for termination
14. Governing Law and Jurisdiction: Confirmation of Saudi law application and dispute resolution mechanisms
15. Force Majeure: Provisions for unforeseen circumstances affecting contract performance
16. Notices: Methods and requirements for formal communications between parties
1. Online Trading Services: Terms specific to electronic trading platforms, used when online trading services are offered
2. Research Services: Terms covering research provision and disclaimers, included when research services are provided
3. Margin Trading: Terms for margin trading facilities, included when margin trading is offered
4. Foreign Securities: Additional terms for trading in international markets, included when foreign securities trading is offered
5. Sub-Custodian Arrangements: Terms regarding third-party custody services, included when external custodians are used
6. Islamic Trading Account: Specific terms for Sharia-compliant trading accounts, included for Islamic trading services
7. Portfolio Management: Terms for discretionary portfolio management, included when offering portfolio management services
1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, commissions, and charges
2. Schedule 2 - Authorized Persons: List of authorized signatories and traders for the account
3. Schedule 3 - Risk Disclosure Statement: Detailed risk warnings and product-specific risks
4. Schedule 4 - Trading Procedures: Operational procedures for trade execution and settlement
5. Schedule 5 - Account Opening Forms: Required KYC and account opening documentation
6. Appendix A - CMA Required Disclaimers: Standard regulatory disclaimers and warnings
7. Appendix B - Electronic Trading Terms: Specific terms and conditions for electronic trading platforms
8. Appendix C - Margin Trading Requirements: Margin rates, maintenance requirements, and related procedures
Authors
Applicable Laws
Authorized Person
Business Day
Capital Market Authority (CMA)
Client
Client Account
Client Assets
Client Money
Confidential Information
Custody
Effective Date
Electronic Trading System
Execution
Fees
Force Majeure
Instructions
Investment Account
Market Rules
Orders
Portfolio
Prohibited Securities
Qualified Person
Regulatory Body
Related Party
Representative
Securities
Services
Settlement Date
Sharia Compliant
Tadawul
Trading Day
Transaction
Trading Limits
Margin
Margin Call
Net Asset Value
Professional Client
Retail Client
Risk Disclosure Statement
Schedule of Charges
Settlement
Sub-Custodian
System
Terms and Conditions
Trading Account
Trading Hours
Trading Password
Trading Platform
Working Hours
Interpretation
Definitions
Appointment
Scope of Services
Regulatory Compliance
Client Classification
Account Opening
Trading Authorization
Electronic Trading
Order Execution
Settlement
Custody
Client Assets Protection
Fees and Commissions
Payment Terms
Risk Disclosure
Client Representations
Broker Representations
Confidentiality
Data Protection
Anti-Money Laundering
Record Keeping
Reporting
Client Communications
Default
Force Majeure
Term
Termination
Assignment
Amendments
Notices
Waiver
Severability
Entire Agreement
Governing Law
Jurisdiction
Dispute Resolution
Islamic Finance Compliance
Client Money
Trading Limits
Market Rules Compliance
Indemnification
Liability
Third Party Rights
Currency Conversion
Tax
Business Continuity
Financial Services
Investment Banking
Securities Trading
Asset Management
Islamic Finance
Wealth Management
Capital Markets
Professional Services
Banking
Investment Services
Legal
Compliance
Operations
Risk Management
Client Services
Trading
Finance
Business Development
Investment Advisory
Account Management
Anti-Money Laundering
Middle Office
Back Office
Compliance Officer
Legal Counsel
Chief Executive Officer
Head of Brokerage
Risk Manager
Operations Manager
Client Relationship Manager
Chief Financial Officer
Investment Advisor
Trading Manager
AML Officer
Company Secretary
Head of Legal
Head of Operations
Financial Controller
Account Manager
Business Development Manager
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