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The Broker Dealer Selling Agreement is a critical document used in the Malaysian financial services sector when establishing formal relationships between broker-dealers and product issuers or financial institutions. This agreement is essential for companies operating in Malaysia's regulated financial markets and must comply with the Capital Markets and Services Act 2007, Securities Commission Malaysia requirements, and other relevant financial regulations. The document typically covers authorization for selling specific financial products, commission structures, compliance obligations, customer protection measures, and operational procedures. It's particularly important for ensuring proper risk allocation between parties and maintaining regulatory compliance in securities trading and distribution activities. The agreement should be regularly reviewed and updated to reflect changes in Malaysian financial regulations and market practices.

1. Parties: Identification of the contracting parties - typically the broker-dealer and the product issuer/provider

2. Background: Context of the agreement, including relevant licenses and authorizations held by parties

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Scope: Terms of broker-dealer appointment and scope of authorized activities

5. Regulatory Compliance: Obligations to comply with Malaysian securities laws and regulations

6. Licensing and Authorization: Confirmation of required licenses and maintaining regulatory authorizations

7. Sales Process and Obligations: Procedures for marketing and selling products, including customer onboarding

8. Commission Structure: Detail of compensation arrangements and payment terms

9. Representations and Warranties: Standard and specific warranties from both parties

10. Compliance with Anti-Money Laundering Laws: AML/CTF obligations and procedures

11. Record Keeping and Reporting: Requirements for maintaining records and providing reports

12. Confidentiality: Protection of confidential information and trade secrets

13. Data Protection: Compliance with Personal Data Protection Act 2010 requirements

14. Indemnification: Mutual indemnification provisions for breaches and claims

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

16. Post-Termination Obligations: Obligations surviving termination of the agreement

17. Governing Law and Jurisdiction: Malaysian law as governing law and jurisdiction for disputes

18. General Provisions: Standard boilerplate clauses including notices, amendments, etc.