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Broker Dealer Selling Agreement
"I need a Broker Dealer Selling Agreement for our UAE-based investment firm to distribute conventional financial products to institutional clients, with specific provisions for electronic trading platforms and cross-border transactions with GCC countries."
1. Parties: Identification of the contracting parties - typically the broker-dealer and the product issuer/provider
2. Background: Context of the agreement, including relevant licenses and authorizations held by parties
3. Definitions: Key terms used throughout the agreement, including regulatory-specific terminology
4. Appointment and Scope: Terms of broker-dealer appointment and scope of authorized activities
5. Regulatory Compliance: Obligations to comply with UAE laws, SCA regulations, and other applicable requirements
6. Representations and Warranties: Declarations by both parties regarding their authority, licenses, and capacity to perform
7. Operating Procedures: Day-to-day operational procedures, trading protocols, and execution requirements
8. Compensation: Commission structures, fees, and payment terms
9. Compliance and AML Requirements: Specific compliance obligations, including KYC and AML procedures
10. Record Keeping: Requirements for maintaining records as per UAE regulations
11. Confidentiality: Protection of confidential information and trade secrets
12. Term and Termination: Duration of agreement and termination provisions
13. Indemnification: Mutual indemnification obligations and liability provisions
14. Governing Law and Jurisdiction: Specification of UAE law and jurisdiction for dispute resolution
15. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Islamic Finance Compliance: Required when dealing with Shariah-compliant products or Islamic financial institutions
2. Retail Client Provisions: Additional protections and requirements when dealing with retail clients
3. Electronic Trading Provisions: Specific terms for electronic trading platforms and systems
4. Research Services: Terms governing the provision of research services if included
5. Cross-Border Activities: Additional provisions for cross-border trading or international clients
6. Force Majeure: Provisions for extraordinary events affecting performance
7. Data Protection: Specific provisions for handling personal data under UAE law
8. Marketing and Promotion: Terms governing marketing activities and use of promotional materials
1. Schedule 1 - Products and Services: Detailed list of authorized products and services
2. Schedule 2 - Commission Schedule: Detailed breakdown of commission rates and fee structures
3. Schedule 3 - Operating Procedures: Detailed operational procedures and protocols
4. Schedule 4 - Compliance Requirements: Specific compliance procedures and requirements
5. Schedule 5 - Required Documentation: List of required documentation for account opening and transactions
6. Appendix A - Form of Client Agreement: Standard form of client agreement to be used
7. Appendix B - Reporting Templates: Standard reporting formats and templates
8. Appendix C - Contact Details: Key contact information for both parties
9. Appendix D - Service Level Agreement: Detailed service levels and performance metrics
Authors
Financial Services
Investment Banking
Securities Trading
Asset Management
Wealth Management
Investment Management
Capital Markets
Islamic Finance
Financial Technology
Professional Services
Legal
Compliance
Operations
Sales
Risk Management
Business Development
Product Development
Trading
Client Relations
Investment
Distribution
Chief Executive Officer
Chief Compliance Officer
Head of Legal
Chief Operating Officer
Head of Sales
Compliance Manager
Legal Counsel
Risk Manager
Head of Distribution
Business Development Manager
Product Manager
Operations Manager
Relationship Manager
Investment Officer
Trading Manager
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