Investment Broker Agreement for the United States

Investment Broker Agreement Template for United States

An Investment Broker Agreement is a legally binding contract used in the United States that establishes the relationship between a licensed investment broker and their client. The agreement outlines the scope of services, fee structures, and responsibilities while ensuring compliance with federal securities laws, including SEC regulations, FINRA rules, and applicable state laws. It includes essential provisions for risk disclosure, trading authorization, and regulatory compliance requirements.

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What is a Investment Broker Agreement?

The Investment Broker Agreement serves as the foundational document governing the relationship between investment brokers and their clients in the United States. This agreement is essential for compliance with SEC regulations, FINRA rules, and state securities laws. It typically covers crucial aspects such as service scope, fee structures, risk disclosures, trading authorizations, and compliance requirements. The document is particularly important in establishing clear boundaries of responsibility and authority while protecting both parties' interests in investment transactions.

What sections should be included in a Investment Broker Agreement?

1. Parties: Identification of the broker and client

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Services: Scope of brokerage services to be provided

5. Compensation: Fee structure and payment terms

6. Representations and Warranties: Legal statements about broker qualifications and client status

7. Compliance: Regulatory compliance obligations

8. Term and Termination: Duration and ending conditions

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

1. Investment Advisory Services: Additional terms covering investment advice services when broker is registered as investment advisor

2. Custody Arrangements: Terms for holding client assets when broker provides custody services

3. International Trading: Terms for foreign market transactions when offering international trading services

What schedules should be included in a Investment Broker Agreement?

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

2. Risk Disclosure Statement: Required regulatory disclosures about investment risks

3. Trading Authorization Form: Client authorization for trading activities

4. Privacy Policy: Details of data handling and privacy practices

5. Compliance Procedures: Detailed compliance requirements and procedures

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
Clauses
Industries

Securities Exchange Act 1934: Primary federal legislation governing securities trading, broker-dealer registration, and disclosure requirements. Establishes framework for securities market regulation and broker-dealer obligations.

Securities Act 1933: The 'truth in securities' law that requires registration of securities offerings and provides anti-fraud provisions for investor protection.

Investment Advisers Act 1940: Federal law regulating investment advisers, particularly relevant if broker provides investment advice. Establishes fiduciary duties and disclosure requirements.

FINRA Rules: Comprehensive set of regulatory rules governing broker conduct, including registration, licensing, best execution obligations, and professional standards.

Bank Secrecy Act: Anti-money laundering legislation requiring customer identification programs and suspicious activity reporting in financial services.

Dodd-Frank Act: Reform legislation enacted post-2008 financial crisis, providing additional oversight requirements and conflict of interest provisions for financial institutions.

State Blue Sky Laws: State-specific securities laws requiring registration and imposing additional disclosure obligations for securities transactions within each state.

State Licensing Requirements: State-specific requirements for broker-dealer and individual broker licensing and registration.

Regulation Best Interest: SEC rule requiring broker-dealers to act in the best interest of retail customers when making recommendations.

Form CRS Requirements: SEC requirement for broker-dealers to provide retail investors with a brief relationship summary document.

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

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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