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Introducing Broker Agreement Template for Switzerland

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Key Requirements PROMPT example:

Introducing Broker Agreement

"I need a Swiss law Introducing Broker Agreement for my wealth management firm to engage independent financial advisors who will introduce high-net-worth clients, with strict compliance requirements and a tiered commission structure based on assets under management."

Document background
The Introducing Broker Agreement is used to formalize arrangements where one party (the introducing broker) introduces potential clients to another party's (typically a financial institution) products and services in Switzerland. This document is essential for financial institutions expanding their client base through third-party intermediaries while ensuring compliance with Swiss financial regulations, including FINMA requirements, FinSA, and anti-money laundering laws. The agreement covers crucial aspects such as regulatory compliance, compensation structures, client onboarding procedures, and data protection requirements. It's particularly relevant in the Swiss financial services sector where regulatory compliance and clear delineation of responsibilities between parties are paramount.
Suggested Sections

1. Parties: Identification of the introducing broker and the financial institution/broker-dealer

2. Background: Context of the agreement and brief description of parties' businesses

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of introduction services and permitted activities

5. Regulatory Status and Compliance: Parties' regulatory status and compliance obligations under Swiss law

6. Introduction Process: Procedures for client introductions and onboarding

7. Compensation: Fee structure, payment terms, and calculation methods

8. Representations and Warranties: Parties' confirmations regarding their status, capacity, and compliance

9. Compliance with Laws: Obligations regarding AML, KYC, and other regulatory requirements

10. Confidentiality: Protection of confidential information and client data

11. Term and Termination: Duration of agreement and termination provisions

12. Liability and Indemnification: Allocation of risks and indemnification obligations

13. General Provisions: Standard contractual clauses including governing law, jurisdiction, etc.

Optional Sections

1. Non-Solicitation: Restrictions on soliciting clients or employees, included when parties want to protect their client base

2. Marketing and Branding: Rules for using each party's brand and marketing materials, included when broker will engage in marketing activities

3. Training Requirements: Specific training obligations for broker's staff, included when complex products are involved

4. Insurance Requirements: Professional indemnity insurance obligations, included for higher-risk arrangements

5. Dispute Resolution: Mediation or arbitration procedures, included when parties prefer alternative dispute resolution

6. Business Continuity: Business continuity and disaster recovery requirements, included for critical business relationships

Suggested Schedules

1. Schedule 1 - Fee Schedule: Detailed compensation structure and calculation methods

2. Schedule 2 - Introduction Procedures: Step-by-step process for client introductions and documentation requirements

3. Schedule 3 - Compliance Requirements: Detailed compliance procedures and requirements

4. Schedule 4 - Approved Products/Services: List of products/services the broker is authorized to promote

5. Appendix A - Required Client Documentation: Templates and forms for client onboarding

6. Appendix B - Authorized Personnel: List of authorized representatives from both parties

7. Appendix C - Marketing Guidelines: Guidelines for marketing and promotional activities

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

Banking

Wealth Management

Investment Management

Securities Trading

Asset Management

Private Banking

Corporate Finance

Investment Advisory

Relevant Teams

Legal

Compliance

Business Development

Risk Management

Operations

Client Onboarding

Partnerships

Finance

Product Management

Relationship Management

Relevant Roles

Compliance Officer

Legal Counsel

Business Development Manager

Relationship Manager

Head of Partnerships

Chief Operating Officer

Risk Manager

Head of Compliance

Financial Controller

Head of Client Onboarding

Partnership Director

Head of Legal

Business Development Director

Chief Risk Officer

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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