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Investment Broker Agreement for Philippines

Investment Broker Agreement Template for Philippines

A comprehensive legal agreement governed by Philippine law that establishes the professional relationship between an investment broker and their client. The document outlines the terms and conditions under which the broker will provide investment services, including trading securities, providing investment advice, and managing investment accounts. It ensures compliance with Philippine Securities Regulation Code (SRC), relevant BSP regulations, and anti-money laundering laws while defining the rights, obligations, and responsibilities of both parties, fee structures, risk disclosures, and operational procedures.

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What is a Investment Broker Agreement?

The Investment Broker Agreement serves as the foundational document for establishing and managing broker-client relationships in the Philippine investment market. This agreement is essential when an individual or entity engages a licensed investment broker to conduct securities trading, provide investment advice, or manage investment portfolios. The document must comply with the Philippine Securities Regulation Code, BSP regulations, and Anti-Money Laundering Act requirements. It typically includes detailed provisions on service scope, fee structures, regulatory compliance, risk disclosures, and operational procedures. The agreement is particularly important in the Philippine context due to specific local regulatory requirements and the need to protect both broker and client interests in investment transactions.

What sections should be included in a Investment Broker Agreement?

1. Parties: Identification of the investment broker and the client, including complete legal names, addresses, and registration details

2. Background: Context of the agreement, including broker's qualifications and client's investment objectives

3. Definitions: Key terms used throughout the agreement, including technical and regulatory terminology

4. Appointment and Scope of Services: Formal appointment of broker and detailed description of authorized investment services

5. Regulatory Compliance: Commitment to comply with Philippine securities laws, SEC regulations, and BSP requirements

6. Broker's Obligations: Detailed responsibilities including execution of trades, reporting, and fiduciary duties

7. Client's Obligations: Client's responsibilities including providing accurate information and maintaining minimum account requirements

8. Fees and Compensation: Structure of broker's fees, commissions, and payment terms

9. Risk Disclosure: Mandatory risk warnings and acknowledgments as required by Philippine regulations

10. Confidentiality: Protection of client information and trade secrets

11. Anti-Money Laundering Compliance: AMLA compliance procedures and requirements

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

13. Liability and Indemnification: Limits of broker's liability and mutual indemnification provisions

14. Governing Law and Jurisdiction: Application of Philippine law and jurisdiction for disputes

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

What sections are optional to include in a Investment Broker Agreement?

1. Discretionary Trading Authority: Used when broker is granted authority to make investment decisions without prior client approval

2. Online Trading Services: Include when offering electronic trading platforms or online services

3. Foreign Investment Provisions: Required when dealing with international investments or foreign securities

4. Portfolio Management Services: Include when offering comprehensive portfolio management rather than just brokerage

5. Research and Advisory Services: When broker provides investment research and advisory services

6. Margin Trading Terms: Include when allowing trading on margin

7. Joint Account Provisions: Required when account holders are more than one person

What schedules should be included in a Investment Broker Agreement?

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

2. Schedule B - Authorized Investments: List of approved investment types and any restrictions

3. Schedule C - Risk Disclosure Statement: Comprehensive risk disclosures required by Philippine regulations

4. Schedule D - Account Opening Requirements: List of required documents and procedures for account opening

5. Schedule E - Trading Procedures: Detailed procedures for order placement and execution

6. Appendix 1 - Compliance Documentation: Required regulatory forms and compliance certificates

7. Appendix 2 - Power of Attorney: If applicable, formal authorization for discretionary trading

8. Appendix 3 - Client Risk Profile: Assessment of client's risk tolerance and investment objectives

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions





































Clauses







































Relevant Industries

Financial Services

Banking

Investment Management

Securities Trading

Wealth Management

Corporate Finance

Asset Management

Private Equity

Insurance

Pension Funds

Relevant Teams

Legal

Compliance

Risk Management

Investment Management

Operations

Client Services

Treasury

Finance

Corporate Advisory

Wealth Management

Relevant Roles

Investment Broker

Compliance Officer

Legal Counsel

Risk Manager

Investment Advisor

Portfolio Manager

Securities Trader

Client Relationship Manager

Operations Manager

Chief Financial Officer

Treasury Manager

Investment Director

Wealth Manager

Financial Controller

Chief Executive Officer

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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