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Broker Referral Agreement
"I need a Swiss-law Broker Referral Agreement for my Zurich-based wealth management firm to establish a referral arrangement with multiple independent financial advisors, including tiered commission structures and strict data protection provisions, to be implemented by March 2025."
1. Parties: Identification of the referring broker and receiving broker, including full legal names, addresses, and registration details
2. Background: Context of the agreement, brief description of the parties' businesses, and purpose of the referral arrangement
3. Definitions: Key terms used throughout the agreement, including 'Referred Client', 'Referral Fee', 'Services', etc.
4. Scope of Agreement: Description of the referral arrangement, types of clients or business to be referred, and territorial scope
5. Referral Process: Detailed process for making and accepting referrals, including communication methods and timeframes
6. Compensation: Structure and calculation of referral fees, payment terms, and conditions for fee eligibility
7. Obligations of the Parties: Duties and responsibilities of both parties, including service standards and compliance requirements
8. Representations and Warranties: Statements of fact and guarantees by both parties regarding their capacity, licenses, and authority
9. Confidentiality: Protection of confidential information and client data, including compliance with FADP
10. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Regulatory Compliance: Specific section for financial services or real estate compliance requirements, necessary when dealing with regulated activities
2. Non-Solicitation: Restrictions on soliciting referred clients or employees, included when protecting client relationships is crucial
3. Marketing and Branding: Guidelines for using each other's brands and marketing materials, needed when joint marketing is contemplated
4. Insurance Requirements: Specific insurance obligations, included when dealing with high-value transactions or regulated activities
5. Data Protection: Detailed data handling procedures, expanded section when extensive personal data processing is involved
6. Dispute Resolution: Alternative dispute resolution procedures, included when parties prefer arbitration or mediation
7. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term arrangements
1. Schedule 1 - Fee Structure: Detailed breakdown of referral fees, calculation methods, and payment examples
2. Schedule 2 - Referral Procedures: Step-by-step process flow, including forms and templates for referral submissions
3. Schedule 3 - Compliance Requirements: Specific regulatory requirements, checklists, and compliance procedures
4. Schedule 4 - Approved Services: List of services covered under the referral arrangement
5. Appendix A - Contact Details: Key contact information for both parties, including escalation procedures
6. Appendix B - Required Documentation: Templates and forms required for client referrals and fee claims
Authors
Financial Services
Real Estate
Insurance
Investment Management
Professional Services
Wealth Management
Corporate Services
Banking
Commercial Property
Residential Property
Legal
Compliance
Business Development
Sales
Operations
Risk Management
Commercial
Partnerships
Client Relations
Corporate Development
Business Development Manager
Compliance Officer
Legal Counsel
Partnership Manager
Broker Relations Manager
Chief Operating Officer
Sales Director
Relationship Manager
Risk Manager
Commercial Director
Managing Partner
Head of Business Development
General Counsel
Chief Compliance Officer
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