The Net Brokerage Agreement serves as the foundational document governing the relationship between brokers and their clients in the United States financial markets. This agreement is essential when establishing professional brokerage services, particularly where net fee arrangements are involved. It addresses crucial aspects such as commission structures, trading authority, risk disclosures, and compliance with SEC regulations and state securities laws. The document is designed to protect both parties while ensuring transparency in financial transactions and adherence to regulatory requirements.
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1. Parties: Identification of the broker and client, including registration details and licensing information
2. Background: Context of the agreement, regulatory framework, and purpose of the brokerage relationship
3. Definitions: Key terms used throughout the agreement including regulatory and industry-specific terminology
4. Services: Detailed scope of brokerage services, trading authorization, and execution terms
5. Compensation: Fee structure, commission rates, payment terms, and other charges
6. Representations and Warranties: Legal assurances from both parties regarding licensing, compliance, and authority
7. Term and Termination: Duration of agreement, renewal terms, and conditions for termination
8. Confidentiality: Protection of sensitive information and trade secrets
1. Electronic Trading: Terms and conditions for electronic trading platforms and systems
2. International Transactions: Specific provisions for cross-border trading and international market access
3. Research Services: Terms governing the provision of market research and analysis
1. Fee Schedule: Detailed breakdown of all fees, commissions, and charges
2. Service Level Agreement: Performance metrics, response times, and service standards
3. Risk Disclosure: Mandatory risk warnings and regulatory disclosures
4. Trading Parameters: Trading limits, restrictions, and operational guidelines
Agreement
Applicable Laws
Authorized Person
Best Execution
Broker
Business Day
Client
Client Account
Clearing House
Commission
Confidential Information
Effective Date
Electronic Trading System
Exchange
FINRA
Force Majeure Event
Governing Law
Investment Objectives
Market Rules
Net Commission
Order
Platform
Regulatory Authority
SEC
Securities
Services
Settlement Date
Trading Hours
Trading Instructions
Transaction
Appointment and Authority
Services
Trading Instructions
Best Execution
Commission and Fees
Payment Terms
Client Accounts
Electronic Trading
Representations and Warranties
Client Obligations
Broker Obligations
Risk Disclosure
Confidentiality
Data Protection
Intellectual Property
Compliance
Anti-Money Laundering
Record Keeping
Term and Termination
Force Majeure
Indemnification
Limitation of Liability
Assignment
Notices
Amendment
Governing Law
Dispute Resolution
Entire Agreement
Severability
Counterparts
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