Broker Dealer Contract Template for Singapore

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Key Requirements PROMPT example:

Broker Dealer Contract

"I need a Broker Dealer Contract for our Singapore-based securities firm that specifically covers algorithmic trading services and includes enhanced risk disclosures for sophisticated investors, to be implemented by March 2025."

What is a Broker Dealer Contract?

The Broker Dealer Contract is a fundamental document used in Singapore's financial markets to establish and govern the relationship between licensed securities traders and their clients. This contract type is essential for compliance with Singapore's regulatory framework, particularly the Securities and Futures Act and MAS guidelines. It details the scope of services, trading permissions, risk disclosures, fee structures, and regulatory obligations. The document is designed to protect both parties while ensuring compliance with Singapore's strict financial services regulations, including requirements for client money handling, risk disclosure, and trading conduct.

What sections should be included in a Broker Dealer Contract?

1. Parties: Identification of the broker-dealer and client with full legal names and addresses

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement including regulatory definitions from SFA and FAA

4. Services: Detailed description of broker-dealer services to be provided under SFA licensing requirements

5. Fees and Commissions: Payment terms, fee structure, and commission rates in compliance with MAS guidelines

6. Client Obligations: Client responsibilities, warranties, and compliance with AML/CFT requirements

7. Risk Disclosures: Mandatory risk warnings and disclaimers as required by SFA and MAS guidelines

8. Compliance with Laws: Obligations to comply with SFA, FAA, SGX Rules, and other applicable regulations

9. Confidentiality and Data Protection: Provisions relating to PDPA compliance and client confidentiality

10. Termination: Conditions and process for ending the agreement including regulatory reporting obligations

What sections are optional to include in a Broker Dealer Contract?

1. Online Trading Provisions: Additional terms for electronic trading services including platform security and access requirements

2. Margin Requirements: Terms for margin trading in accordance with MAS and SGX requirements

3. Foreign Securities Trading: Provisions for international trading and cross-border regulatory compliance

4. Corporate Actions: Handling of corporate actions and client instructions for securities holdings

What schedules should be included in a Broker Dealer Contract?

1. Fee Schedule: Detailed breakdown of all applicable fees, charges, and commission structures

2. Risk Disclosure Statement: Comprehensive risk warnings required by MAS and SGX

3. Trading Authorization Form: Authorization forms for corporate clients and their representatives

4. Account Opening Forms: Standard forms required for account setup and KYC documentation

5. Compliance Documentation: Required compliance forms including AML/CFT declarations

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

Clauses
Industries

Securities and Futures Act (SFA): Primary legislation governing securities and derivatives markets in Singapore, covering licensing requirements for broker-dealers, conduct of business requirements, and client money/asset handling rules

Financial Advisers Act (FAA): Regulatory framework for financial advisory services and requirements for dealing with retail clients in Singapore

MAS Guidelines: Regulatory guidelines issued by Monetary Authority of Singapore covering standards of conduct, fair dealing, and AML/CFT requirements

SGX Rules: Singapore Exchange rules covering trading requirements, market conduct, clearing and settlement obligations

Companies Act: Singapore legislation governing corporate governance requirements and director's duties

Contract Law: General contract law principles including Misrepresentation Act and common law principles of contract formation

Personal Data Protection Act (PDPA): Singapore's data protection law governing data privacy requirements and client confidentiality obligations

Capital Requirements: Regulatory capital requirements for broker-dealers operating in Singapore

Risk Management Procedures: mandatory risk management protocols and procedures for broker-dealers

Record Keeping Obligations: Requirements for maintaining proper records and documentation of all broker-dealer activities

Reporting Requirements: mandatory reporting obligations to regulatory authorities including MAS and SGX

Client Documentation Standards: Required standards for client agreements, risk disclosure statements, and other client-related documentation

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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