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Executing Broker Agreement Template for India

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Key Requirements PROMPT example:

Executing Broker Agreement

"I need an Executing Broker Agreement for my Mumbai-based broking firm to provide basic execution services to retail clients, compliant with current SEBI regulations and including standard risk disclosures."

Document background
The Executing Broker Agreement serves as the primary contractual framework for securities trading relationships in the Indian financial markets. This document is essential when establishing a formal relationship between a SEBI-registered broker and clients seeking execution services for securities transactions. It encompasses critical elements such as trading permissions, regulatory compliance requirements, risk management protocols, and fee structures, all within the context of Indian securities law and SEBI regulations. The agreement is particularly important given India's growing financial markets and the increasing sophistication of trading services, including electronic and algorithmic trading capabilities. It needs to address both traditional execution services and modern trading technologies while ensuring compliance with evolving regulatory requirements.
Suggested Sections

1. Parties: Identification of the executing broker and the client, including regulatory registration details and contact information

2. Background: Context of the agreement, including the broker's regulatory status and the client's intention to engage their services

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

4. Scope of Services: Detailed description of execution services provided, including trading venues and asset classes covered

5. Regulatory Compliance: Obligations of both parties to comply with SEBI regulations and other applicable laws

6. Orders and Execution: Process for placing, accepting, and executing trading orders

7. Fees and Commissions: Detailed fee structure, payment terms, and billing procedures

8. Client Obligations: Client's responsibilities including providing accurate information and maintaining adequate margins

9. Broker Obligations: Broker's duties including best execution, record keeping, and reporting

10. Risk Disclosure: Mandatory risk warnings and acknowledgments as required by SEBI

11. Representations and Warranties: Standard legal representations by both parties

12. Confidentiality: Protection of confidential information and trading data

13. Term and Termination: Duration of agreement and conditions for termination

14. Indemnification: Mutual indemnification provisions and liability limitations

15. Governing Law and Jurisdiction: Specification of Indian law and jurisdiction for dispute resolution

16. Notices: Process for formal communications between parties

17. Miscellaneous: Standard boilerplate provisions including severability and entire agreement

Optional Sections

1. Electronic Trading Services: Terms specific to electronic trading platforms and systems, used when offering online trading services

2. DMA Services: Terms for Direct Market Access services, included when offering DMA facilities to institutional clients

3. Research Services: Terms governing provision of research services, if broker provides research

4. Algorithm Trading: Specific terms for algorithmic trading services, included when offering algo-trading facilities

5. Cross-Border Trading: Additional terms for international trading, included when offering access to foreign markets

6. Margin Trading: Terms for margin trading facilities, included when offering leverage

7. Force Majeure: Provisions for extraordinary events affecting market operations

8. Anti-Money Laundering: Detailed AML procedures, particularly important for high-risk clients

Suggested Schedules

1. Schedule 1 - Fee Schedule: Detailed breakdown of all applicable fees, commissions, and charges

2. Schedule 2 - Authorized Persons: List of authorized traders and signatories for the client

3. Schedule 3 - Trading Parameters: Specific trading limits, restricted securities, and other operational parameters

4. Schedule 4 - Standard Settlement Instructions: Details of settlement accounts and procedures

5. Schedule 5 - Risk Management Procedures: Detailed risk management protocols and margin requirements

6. Appendix A - Account Opening Form: Standard KYC and account opening documentation

7. Appendix B - Power of Attorney: Optional POA for trading and settlement activities

8. Appendix C - Technical Specifications: Technical requirements for electronic trading systems

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

Investment Banking

Securities Trading

Asset Management

Wealth Management

Corporate Banking

Institutional Investment

Fintech

Professional Services

Capital Markets

Relevant Teams

Legal

Compliance

Operations

Trading

Risk Management

Client Services

Business Development

Account Management

Settlement

Technology

Relevant Roles

Chief Compliance Officer

Legal Counsel

Head of Trading

Risk Manager

Operations Manager

Relationship Manager

Compliance Manager

Trading Director

Business Development Manager

Account Manager

Chief Operating Officer

Head of Legal

Senior Broker

Investment 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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