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Financial Services Agreement for the United States

Financial Services Agreement Template for United States

A Financial Services Agreement is a comprehensive legal document governed by U.S. federal and state laws that establishes the terms and conditions under which financial services are provided to clients. It incorporates requirements from multiple regulatory bodies including the SEC, FINRA, and state regulators, while addressing crucial aspects such as service scope, fees, compliance obligations, risk disclosures, and privacy requirements. The agreement ensures compliance with key legislation such as the Dodd-Frank Act, Bank Secrecy Act, and applicable state financial regulations.

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What is a Financial Services Agreement?

The Financial Services Agreement serves as the primary contractual framework for financial service providers operating in the United States. This document is essential when establishing formal relationships between financial service providers and their clients, whether institutional or retail. It encompasses critical elements such as service definitions, fee structures, regulatory compliance requirements, risk management provisions, and confidentiality obligations. The agreement must align with federal regulations including the Dodd-Frank Act and state-specific financial services laws, while also addressing modern concerns such as cybersecurity and data protection.

What sections should be included in a Financial Services Agreement?

1. Parties: Identifies and defines all parties to the agreement

2. Background/Recitals: Sets out the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Services: Detailed description of financial services to be provided

5. Fees and Payment Terms: Compensation structure, payment schedule, and related terms

6. Representations and Warranties: Statements of fact and assurances from both parties

7. Compliance with Laws: Obligations regarding regulatory compliance

8. Confidentiality: Protection of confidential information

9. Term and Termination: Duration and conditions for ending the agreement

10. General Provisions: Standard legal provisions including governing law

What sections are optional to include in a Financial Services Agreement?

1. Service Level Agreement: Specific performance metrics and standards - use when specific service levels need to be measured and maintained

2. Data Protection: Specific provisions for handling personal data - use when personal data processing is involved

3. Business Continuity: Disaster recovery and business continuation procedures - use for critical financial services

4. Insurance: Required insurance coverage - use when specific insurance requirements exist

5. Intellectual Property: IP ownership and licensing terms - use when proprietary technology or systems are involved

What schedules should be included in a Financial Services Agreement?

1. Fee Schedule: Detailed breakdown of all fees and charges

2. Service Description: Detailed technical specifications of services

3. Compliance Requirements: Specific regulatory requirements and procedures

4. Security Requirements: IT security and data protection standards

5. Key Personnel: List of key contacts and responsible individuals

6. Service Levels: Detailed performance metrics and KPIs

7. Required Forms: Standard forms and documentation required

8. Risk Disclosures: Mandatory risk warnings and disclosures

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

United States

Publisher

Ƶ

Document Type

Service Agreement

Cost

Free to use
Clauses









































Industries

Dodd-Frank Act: Comprehensive financial reform legislation enacted in 2010 that addresses systemic risk, consumer protection, trading restrictions, and capital requirements

Bank Secrecy Act: Requires financial institutions to assist government agencies in detecting and preventing money laundering, including reporting requirements for cash transactions

Securities Act of 1933: Fundamental law requiring registration of securities offerings and detailed financial/company disclosures to investors

Securities Exchange Act of 1934: Governs secondary market trading, establishes SEC, and requires periodic reporting for public companies

Investment Advisers Act of 1940: Regulates investment advisers, requiring registration and establishing fiduciary duties to clients

Investment Company Act of 1940: Regulates investment companies (mutual funds, ETFs) and their activities, ensuring investor protection

USA PATRIOT Act: Enhances BSA requirements, focusing on anti-terrorism financing and strengthening customer identification procedures

Gramm-Leach-Bliley Act: Requires financial institutions to explain information-sharing practices and protect sensitive customer data

Fair Credit Reporting Act: Regulates collection, dissemination, and use of consumer credit information

Electronic Fund Transfer Act: Establishes rights and responsibilities for electronic fund transfers and consumer protections

SEC Regulations: Comprehensive set of rules governing securities markets, including registration, disclosure, and trading requirements

FINRA Rules: Self-regulatory organization rules governing broker-dealers and protecting investors

Federal Reserve Regulations: Rules governing banking institutions, monetary policy implementation, and financial stability

OCC Guidelines: National bank supervision guidelines ensuring safety, soundness, and compliance

CFPB Requirements: Consumer protection rules for financial products and services

Blue Sky Laws: State-specific securities regulations governing offers and sales of securities

State Banking Regulations: State-specific rules governing banking operations and consumer protection

State Consumer Protection Laws: State-specific regulations protecting consumers in financial transactions

State Data Privacy Laws: State-specific requirements for protecting consumer data and privacy

AML Requirements: Anti-money laundering protocols and procedures required for financial institutions

KYC Requirements: Know Your Customer procedures for verifying customer identity and assessing risks

Data Protection Requirements: Standards for securing and protecting customer financial and personal information

Cybersecurity Regulations: Requirements for maintaining secure systems and protecting against cyber threats

Dispute Resolution Procedures: Required processes for handling customer complaints and resolving disputes

Fiduciary Requirements: Legal obligations to act in the best interest of clients when managing assets or providing advice

Licensing Requirements: Necessary permits and licenses required to provide financial services

Risk Disclosure Requirements: Mandatory disclosures of potential risks associated with financial products and services

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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