Broker Dealer Services Agreement for the United States

Broker Dealer Services Agreement Template for United States

A comprehensive legal agreement governed by U.S. federal and state securities laws that establishes the terms and conditions under which a registered broker-dealer provides securities trading, investment, and related services to clients. The agreement ensures compliance with SEC regulations, FINRA rules, and applicable state laws while detailing services, fees, rights, obligations, and risk disclosures.

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What is a Broker Dealer Services Agreement?

The Broker Dealer Services Agreement is a critical document used when establishing a formal relationship between a registered broker-dealer and their clients for securities trading and investment services. This agreement, governed by U.S. securities laws and regulations, outlines essential terms including service scope, fee structures, compliance obligations, and risk disclosures. It ensures adherence to SEC regulations, FINRA rules, and state-specific requirements while protecting both parties' interests and establishing clear operational parameters.

What sections should be included in a Broker Dealer Services Agreement?

1. Parties: Identification of the broker-dealer and client, including registration details and legal status

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

3. Definitions: Key terms used throughout the agreement

4. Services: Detailed description of broker-dealer services to be provided

5. Compliance with Laws: Obligations regarding securities laws, regulations, and regulatory requirements

6. Fees and Compensation: Payment terms, commission structures, and other charges

7. Representations and Warranties: Standard declarations by both parties regarding capacity and authority

8. Term and Termination: Duration of agreement and termination provisions

What sections are optional to include in a Broker Dealer Services Agreement?

1. Margin Account Provisions: Terms and conditions for margin trading services, including credit extension and maintenance requirements

2. Research Services: Terms regarding provision of research and analysis services, including disclaimers and usage restrictions

3. Online Trading Provisions: Terms for electronic trading platforms, including access, security, and system requirements

4. Foreign Securities Provisions: Terms and conditions for trading in non-US securities, including additional risks and requirements

What schedules should be included in a Broker Dealer Services Agreement?

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

2. Services Schedule: Detailed description of specific services offered

3. Risk Disclosure Statement: Required disclosures about investment risks

4. Customer Information Form: KYC documentation and client information requirements

5. Trading Authorization Form: Authorization for trading on behalf of client

6. Margin Agreement: Specific terms and conditions for margin trading if applicable

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 of 1934: Primary federal legislation governing broker-dealers, including registration requirements (Section 15), anti-fraud provisions, and record-keeping requirements

Securities Act of 1933: Federal law establishing registration requirements for securities and disclosure obligations for broker-dealers

FINRA Rules and Regulations: Self-regulatory organization rules covering conduct, customer protection, trading practices, KYC requirements, and best execution obligations

Bank Secrecy Act (BSA): Federal law mandating anti-money laundering requirements and suspicious activity reporting for financial institutions

USA PATRIOT Act: Federal legislation requiring customer identification programs and enhanced due diligence procedures for financial institutions

Investment Advisers Act of 1940: Federal law establishing fiduciary duties and registration requirements for investment advisers

State Blue Sky Laws: State-specific securities laws governing registration requirements and disclosure obligations for broker-dealers

SEC Requirements: Regulatory requirements covering registration, reporting, capital requirements, and customer protection rules

Federal Reserve Regulations: Regulations governing margin requirements and credit extensions for broker-dealers

Dodd-Frank Wall Street Reform Act: Comprehensive financial reform legislation including risk management requirements and reporting obligations for broker-dealers

Investment Company Act of 1940: Federal law governing mutual fund distribution agreements and sales practices when broker-dealers deal with investment companies

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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