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Brokers Fee Agreement Template for Switzerland

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Key Requirements PROMPT example:

Brokers Fee Agreement

"I need a Brokers Fee Agreement under Swiss law for my real estate brokerage firm based in Zurich, with a 2% success fee structure and exclusive rights to market high-end residential properties for a 6-month period starting March 2025."

Document background
The Brokers Fee Agreement is a critical document used in Switzerland to formalize the relationship between a broker and their client, whether in financial services, real estate, or other sectors. This agreement is essential when engaging a broker to facilitate transactions, source opportunities, or provide intermediary services. The document is structured to comply with Swiss legal requirements, particularly the Swiss Code of Obligations, while addressing practical commercial needs. It typically includes detailed fee structures, success fee calculations, service scope definitions, and protection mechanisms for both parties. The Brokers Fee Agreement is particularly important in Switzerland's sophisticated financial and business environment, where clear documentation of commercial relationships is crucial for legal certainty and risk management.
Suggested Sections

1. Parties: Identification of the broker and the client with full legal names and addresses

2. Background: Context of the agreement and brief description of the broker's services and client's requirements

3. Definitions: Key terms used throughout the agreement including 'Services', 'Success Fee', 'Transaction', etc.

4. Scope of Services: Detailed description of the brokerage services to be provided

5. Broker's Obligations: Key responsibilities and duties of the broker including professional standards and reporting requirements

6. Client's Obligations: Client's responsibilities including providing necessary information and cooperation

7. Fee Structure: Detailed breakdown of all fees, including success fees, retainers, and payment terms

8. Payment Terms: Timing and method of payment, including conditions for fee becoming due

9. Confidentiality: Obligations regarding confidential information and trade secrets

10. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

11. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes

12. Entire Agreement: Standard boilerplate confirming this document represents the complete agreement between parties

Optional Sections

1. Exclusivity: Used when the broker is granted exclusive rights to provide the specified services

2. Success Fee Protection: Included when there's a need to protect the broker's right to fees for a period after termination

3. International Transactions: Added when the services involve cross-border transactions

4. Compliance with Regulations: Included for regulated sectors like financial services or real estate

5. Force Majeure: Added when specific provisions for unforeseen circumstances are required

6. Data Protection: Detailed section when significant personal data processing is involved

7. Non-Circumvention: Used when there's risk of direct client-target dealings bypassing the broker

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed breakdown of specific services to be provided

2. Schedule 2 - Fee Calculation: Detailed methodology for calculating success fees and other charges

3. Schedule 3 - Target Companies/Properties: List of specific targets if the broker's mandate is limited to certain entities or properties

4. Appendix A - Broker's Credentials: Copies of relevant licenses and certifications

5. Appendix B - Reporting Template: Standard format for regular reports to be provided by the broker

6. Appendix C - Compliance Requirements: Specific regulatory requirements applicable to the services

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

































Clauses
































Relevant Industries

Financial Services

Real Estate

Mergers & Acquisitions

Insurance

Commodities Trading

Business Services

Investment Banking

Private Banking

Commercial Real Estate

Residential Real Estate

Corporate Finance

Relevant Teams

Legal

Finance

Compliance

Business Development

Corporate Development

Commercial

Real Estate

Investment Banking

Corporate Finance

Risk Management

Operations

Deal Advisory

Relevant Roles

Chief Financial Officer

Legal Counsel

Compliance Officer

Business Development Manager

Real Estate Broker

Financial Broker

Investment Banker

Corporate Finance Director

M&A Director

Transaction Manager

Head of Acquisitions

Chief Legal Officer

Commercial Director

Business Broker

Partnership Manager

Relationship Manager

Industries







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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