Net Brokerage Agreement for the United States

Net Brokerage Agreement Template for United States

A Net Brokerage Agreement is a legally binding contract used in the United States that establishes the terms and conditions between a broker and client for providing brokerage services. It outlines the fee structure, trading parameters, responsibilities, and obligations of both parties, while ensuring compliance with federal securities laws, SEC regulations, and state-specific requirements.

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What is a Net Brokerage Agreement?

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.

What sections should be included in a Net Brokerage Agreement?

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

What sections are optional to include in a Net Brokerage Agreement?

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

What schedules should be included in a Net Brokerage Agreement?

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

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
Industries

Securities Exchange Act of 1934: Federal law governing securities trading, broker-dealers, and securities exchanges in the United States. Key legislation for any securities-related brokerage activities.

Commodity Exchange Act: Federal regulation for trading of commodity futures in the United States. Essential if the brokerage agreement involves commodity trading.

Investment Advisers Act of 1940: Federal law that regulates investment advisers. Relevant if the brokerage agreement includes investment advisory services.

Securities Act of 1933: Federal law requiring registration of securities and detailed disclosure requirements for public securities offerings.

Dodd-Frank Act: Comprehensive financial reform legislation that introduced new requirements for broker-dealers and financial institutions.

SEC Regulations: Rules and requirements set by the Securities and Exchange Commission governing securities transactions and broker-dealer conduct.

FINRA Rules: Regulatory requirements set by the Financial Industry Regulatory Authority for broker-dealers and securities firms.

NFA Requirements: National Futures Association rules governing futures trading and related brokerage activities.

Blue Sky Laws: State-specific securities laws that regulate the offering and sale of securities to protect investors from fraudulent activities.

State Broker-Dealer Registration: State-specific requirements for broker-dealer registration and licensing.

Anti-Money Laundering Regulations: Federal requirements to prevent money laundering, including customer identification and transaction monitoring.

Know Your Customer (KYC): Regulatory requirements to verify customer identity and assess risk levels in financial relationships.

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

E-SIGN Act: Federal law ensuring the legal validity of electronic signatures and records in commercial transactions.

Trade Documentation Requirements: Regulatory requirements for maintaining accurate records of trades, transactions, and customer communications.

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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