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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."
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
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
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
Financial Services
Investment Banking
Securities Trading
Asset Management
Wealth Management
Corporate Banking
Institutional Investment
Fintech
Professional Services
Capital Markets
Legal
Compliance
Operations
Trading
Risk Management
Client Services
Business Development
Account Management
Settlement
Technology
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
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