Broker Client Agreement for the United States

Broker Client Agreement Template for United States

A Broker Client Agreement is a legally binding contract used in the United States that establishes the terms and conditions between a licensed securities broker-dealer and their client. The agreement complies with SEC regulations, FINRA rules, and applicable federal and state securities laws. It outlines services provided, fee structures, risk disclosures, and mutual obligations while incorporating required regulatory disclosures and compliance requirements.

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What is a Broker Client Agreement?

The Broker Client Agreement serves as the foundational document governing the relationship between broker-dealers and their clients in the United States securities market. This agreement is essential for compliance with SEC regulations, FINRA rules, and federal securities laws, including Regulation Best Interest. It details the scope of services, fee structures, risk disclosures, and obligations of both parties. The agreement typically includes mandatory disclosures, account management terms, and dispute resolution procedures, while incorporating recent regulatory requirements such as Form CRS and fiduciary duty standards.

What sections should be included in a Broker Client Agreement?

1. Parties: Identification of the broker and client, including full legal names and contact details

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

3. Definitions: Key terms used throughout the agreement

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

5. Fees and Compensation: Structure of fees, commissions, and payment terms

6. Client Obligations: Client responsibilities and representations

7. Risk Disclosures: Mandatory risk warnings and acknowledgments

8. Privacy and Data Protection: Information handling and confidentiality provisions

9. Termination: Conditions and process for ending the agreement

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

1. Margin Account Provisions: Additional terms and conditions for margin trading services when offered

2. Online Trading Provisions: Specific terms and conditions for electronic trading platform access and usage

3. International Trading: Additional provisions governing international securities trading services

4. Options Trading: Specific terms and conditions for options trading activities

What schedules should be included in a Broker Client Agreement?

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

2. Risk Disclosure Statement: Comprehensive risk warnings required by regulations

3. Privacy Policy: Detailed privacy and data protection policies

4. Electronic Trading Agreement: Terms specific to electronic trading platforms

5. Margin Disclosure Statement: Required disclosures for margin accounts

6. Form CRS: Customer Relationship Summary as required by SEC

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

United States

Publisher

Genie AI

Document Type

Broker Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Industries

Securities Exchange Act 1934: Primary federal law governing securities trading, establishing SEC, and regulating broker-dealer conduct

Securities Act 1933: Federal law requiring registration of securities offerings and detailed financial/company disclosures

Investment Advisers Act 1940: Federal law regulating investment advisers' conduct and registration requirements

Dodd-Frank Act: Comprehensive financial reform law addressing systemic risk and consumer protection in financial markets

FINRA Rule 2010: Standards of Commercial Honor and Principles of Trade for broker-dealers

FINRA Rule 2111: Suitability requirements for recommended transactions and investment strategies

FINRA Rule 2210: Requirements for communications with the public, including advertising and marketing materials

FINRA Rule 4512: Requirements for maintaining accurate and complete customer account information

Regulation Best Interest: SEC rule establishing standard of conduct for broker-dealers when recommending securities

Form CRS: SEC requirement for relationship summary disclosure to retail investors

Blue Sky Laws: State-specific securities regulations governing securities offerings and broker-dealer activities

Bank Secrecy Act: Federal law requiring financial institutions to assist government agencies in detecting money laundering

USA PATRIOT Act: Anti-money laundering requirements including customer identification programs

Gramm-Leach-Bliley Act: Federal law requiring financial institutions to explain information-sharing practices and protect sensitive data

E-SIGN Act: Federal law ensuring legal validity of electronic signatures and records

UETA: Uniform state law providing legal framework for electronic transactions and signatures

Federal Trade Commission Act: Federal consumer protection law prohibiting unfair or deceptive trade practices

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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