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Mortgage Broker Contract
"I need a Mortgage Broker Contract for my Dutch financial advisory firm based in Amsterdam, compliant with current Wft regulations, to use with individual residential mortgage clients starting from March 2025."
1. Parties: Identification of the mortgage broker and the client, including registration details of the broker with the AFM
2. Background: Context of the agreement and brief description of the broker's services
3. Definitions: Key terms used throughout the agreement, including technical and regulatory terminology
4. Scope of Services: Detailed description of mortgage broking services to be provided, including advice, market research, and application support
5. Broker's Obligations: Key responsibilities and duties of the broker, including compliance with Wft requirements and duty of care
6. Client's Obligations: Client's responsibilities, including providing accurate information and necessary documentation
7. Fees and Payment Terms: Clear structure of broker's fees, payment schedule, and terms
8. Data Protection and Privacy: Compliance with GDPR/AVG requirements and handling of personal data
9. Confidentiality: Provisions regarding confidential information handling and professional secrecy
10. Duration and Termination: Term of the agreement and conditions for termination
11. Liability and Indemnification: Extent and limitations of broker's liability and professional indemnity
12. Complaints Procedure: Process for handling client complaints as required by Dutch financial regulations
13. Governing Law and Jurisdiction: Application of Dutch law and jurisdiction for disputes
1. Sub-contractors: Terms regarding the use of third-party service providers, to be included if the broker works with external parties
2. Intellectual Property: Protection of IP rights, needed if proprietary tools or materials are provided to clients
3. Force Majeure: Provisions for unforeseen circumstances, optional but recommended for longer-term arrangements
4. Non-Solicitation: Restrictions on hiring broker's employees, relevant for corporate clients
5. Insurance: Detailed professional insurance provisions, may be separate from liability clause for complex arrangements
6. Marketing and Referrals: Terms regarding use of client references and referral arrangements, if applicable
1. Schedule 1 - Service Description: Detailed breakdown of specific services offered and service levels
2. Schedule 2 - Fee Schedule: Detailed fee structure, including any variable components or special arrangements
3. Schedule 3 - Required Documentation: List of documents and information required from the client
4. Schedule 4 - Privacy Policy: Detailed privacy policy and data processing procedures
5. Appendix A - Broker Licenses: Copies of relevant broker licenses and registrations
6. Appendix B - Terms and Conditions: General terms and conditions as required by Dutch law
Authors
Financial Services
Real Estate
Banking
Insurance
Property Development
Professional Services
Corporate Services
Wealth Management
Legal
Compliance
Risk Management
Financial Advisory
Real Estate
Operations
Client Services
Regulatory Affairs
Document Management
Business Development
Mortgage Broker
Financial Advisor
Compliance Officer
Legal Counsel
Risk Manager
Financial Services Manager
Real Estate Agent
Property Finance Manager
Wealth Manager
Operations Director
Client Relationship Manager
Regulatory Affairs Specialist
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