Broker To Broker Agreement

Broker To Broker Agreement Template for Denmark

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Document background

The Broker to Broker Agreement is essential for establishing formal cooperation between licensed brokers operating under Danish jurisdiction. This document is typically used when two brokerage firms wish to collaborate, share clients, or provide complementary services while maintaining compliance with Danish financial regulations and EU directives. The agreement addresses crucial aspects such as commission sharing, client handling, regulatory compliance, and risk management. It's particularly important in the context of Danish financial markets where strict regulatory oversight requires clear documentation of inter-broker relationships. The document ensures compliance with the Danish Financial Business Act, anti-money laundering regulations, and GDPR requirements, while providing a framework for professional collaboration between licensed entities.

Suggested Sections

1. Parties: Identification of the broker entities entering into the agreement, including registration numbers and regulatory licenses

2. Background: Context of the agreement and brief description of each broker's business

3. Definitions: Key terms used throughout the agreement, including regulatory and industry-specific terminology

4. Scope of Cooperation: Nature and extent of the broker-to-broker relationship and permitted activities

5. Regulatory Compliance: Obligations regarding licenses, permits, and compliance with applicable laws and regulations

6. Services and Obligations: Detailed description of services to be provided by each party

7. Commission and Payment Terms: Fee structure, payment procedures, and commission sharing arrangements

8. Confidentiality: Protection of confidential information and trade secrets

9. Data Protection: GDPR compliance and data handling procedures

10. Anti-Money Laundering: AML/KYC obligations and procedures

11. Representations and Warranties: Standard and specific warranties regarding licensing, authority, and capacity

12. Liability and Indemnification: Allocation of risks and responsibilities between parties

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

14. Governing Law and Jurisdiction: Application of Danish law and jurisdiction for dispute resolution

15. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

Optional Sections

1. White Labeling: Terms for using one broker's platform under another broker's brand - include when white label services are part of the arrangement

2. Intellectual Property: IP rights and licensing - include when proprietary trading platforms or technology are involved

3. Marketing and Promotion: Terms for cross-promotion and marketing - include when parties agree to joint marketing activities

4. Service Level Agreement: Specific performance metrics and standards - include for technical or platform-based services

5. Business Continuity: Disaster recovery and business continuity requirements - include for critical service relationships

6. Non-Competition: Restrictions on competitive activities - include when parties operate in overlapping markets

7. Insurance Requirements: Specific insurance coverage obligations - include for high-risk activities

8. Client Allocation: Rules for handling shared or referred clients - include when client sharing is part of the arrangement

Suggested Schedules

1. Schedule 1 - Service Description: Detailed description of specific services and operational procedures

2. Schedule 2 - Fee Schedule: Detailed commission structures and payment calculations

3. Schedule 3 - Technical Requirements: Technical specifications and integration requirements

4. Schedule 4 - Compliance Procedures: Detailed compliance protocols and requirements

5. Schedule 5 - Contact Details: Key personnel and escalation contacts

6. Appendix A - Required Documentation: List of required regulatory and due diligence documents

7. Appendix B - Data Processing Agreement: Detailed GDPR-compliant data processing terms

8. Appendix C - Service Level Metrics: Specific performance indicators and measurement criteria

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